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    Prosecutors Ask if Trump Will Blame His Lawyers as Defense in Election Case

    The special counsel asked a judge to require the former president to disclose whether he would blame poor legal advice for his attempts to overturn his 2020 election loss.Federal prosecutors asked a judge on Tuesday to force former President Donald J. Trump to tell them months before he goes to trial on charges of seeking to overturn the 2020 election whether he intends to defend himself by blaming the stable of lawyers around him at the time for giving him poor legal advice.In a motion filed to the judge, Tanya S. Chutkan, the prosecutors sought an order that would compel Mr. Trump to tell them by Dec. 18 if he plans to pursue the blame-the-lawyers strategy — known as an advice of counsel defense — at his federal election interference trial, which is now set to begin in March in Federal District Court in Washington.Both Mr. Trump and his current team of lawyers have “repeatedly and publicly announced” that they were going to use such arguments as “a central component of his defense,” prosecutors told Judge Chutkan in their filing. They said they wanted a formal order forcing Mr. Trump to tell them his plans by mid-December “to prevent disruption of the pretrial schedule and delay of the trial.”The early notification could also give prosecutors a tactical edge in the case. Defendants who pursue advice of counsel arguments waive the shield of attorney-client privilege that would normally protect their dealings with their lawyers. And, as prosecutors reminded Judge Chutkan, if Mr. Trump heads in this direction, he would have to give them not only all of the “communications or evidence” concerning the lawyers he plans to use as part of his defense, but also any “otherwise-privileged communications” that might be used to undermine his claims.Lawyers have been at the heart of the election interference case almost from the moment prosecutors first began issuing grand jury subpoenas to witnesses in the spring of 2022. Many of the subpoenas sought information about lawyers like John Eastman and Kenneth Chesebro, who entered Mr. Trump’s orbit around the time of the election and were instrumental in advising him about a scheme to create false slates of electors that declared him the winner of key swing states that had actually been won by his opponent, Joseph R. Biden Jr.The subpoenas also sought information about other lawyers, like Jenna Ellis and Rudolph W. Giuliani, who had not only advised Mr. Trump on the false elector plan, but had helped him advance claims that the election had been marred by widespread fraud.Moreover, lawyers from both Mr. Trump’s administration and his presidential campaign proved to be key witnesses in the investigation that began under the Justice Department and then was handed off to prosecutors working for the special counsel, Jack Smith.And when charges were finally filed against Mr. Trump, accusing him of three overlapping conspiracies to remain in power despite the will of the voters, the indictment identified six unnamed co-conspirators — most, if not all, of whom were lawyers as well.In their motion to Judge Chutkan, prosecutors noted that at least 25 witnesses in their sprawling investigation had withheld information based on assertions of attorney-client privilege. Those people, the prosecutors said, included Mr. Trump’s co-conspirators, some of his former campaign employees, some “outside attorneys” and “even a family member of the defendant,” who was not further identified.While prosecutors acknowledged that they were not entirely sure if Mr. Trump intended to raise an advice of counsel defense — or whether he was even legally entitled to do so — they did take note of the public statements that he and his current legal team have made suggesting that such arguments might be used at trial.The prosecutors pointed out that three days after Mr. Trump was arraigned in the case, one of his lawyers, John F. Lauro, made the rounds of the Sunday TV news shows, describing how Mr. Trump had been charged for “following legal advice” from Mr. Eastman, whom he described as “an esteemed scholar.”Weeks later, in an online interview with the former Fox News host Tucker Carlson, prosecutors said, Mr. Trump himself made similar claims. In their filing, they wrote that Mr. Trump claimed he had “some lawyers” who had advised him “that a particular course of action described in the indictment was appropriate.”In a separate filing on Tuesday, prosecutors sought to get a jump on what is certain to be the difficult process of picking a jury for the trial.Citing Mr. Trump’s “continued use of social media as a weapon of intimidation” — an issue that has come up in the government’s request for a gag order to be placed on the former president — the prosecutors asked Judge Chutkan to impose restrictions on information about potential jurors and those who are ultimately picked to serve.The prosecutors asked that no one involved in the case be allowed to publicly disclose information about the jurors gleaned during the selection process, in order to protect them “from intimidation and fear.”They also asked Judge Chutkan to consider arranging “for jurors to gain discreet entry into and out of the courthouse” once the trial begins. 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    In Search of Kamala Harris

    All the conditions seemed right for a chance to reset the narrative.At the Munich Security Conference in February, amid rising international angst about Russia’s war in Ukraine, Vice President Kamala Harris led a delegation of Americans, including around 50 lawmakers from both parties. She spent her first day in Germany in seclusion, preparing for the next 48 hours: meetings with European leaders the first day and a keynote speech the next in the ornate ballroom of the Hotel Bayerischer Hof. When she emerged, head high and shoulders back, Harris exuded what her staff members have argued is a particular comfort with her role on the international stage. There, they say, she is respected.“I spent the majority of my career as a prosecutor,” Harris said in her speech, in which she announced that the United States had formally concluded that Russia had committed crimes against humanity. “I know firsthand the importance of gathering facts and holding them up against the law.”As I scanned the crowd from a balcony in the ballroom, its makeup was a visual reminder of the shattered glass ceilings in Harris’s wake. They were nearly all men; she’s a woman. They were nearly all white; she’s Black and South Asian, a first-generation American from the Bay Area.In 2017, when Harris arrived in Washington as a senator from California, these contrasts were supposed to make her the Next Face of the Party, the rising star with an inside track to be the next Democratic presidential nominee. But after a disappointing 2020 campaign, and the reputational sting that has lasted ever since, Harris has often been a politician in search of a moment, rather than a leader defining this one.In Munich, it was another case of what could have been. Harris’s stilted delivery of her speech caused the international audience to miss certain applause lines. Her chief of staff, seated in the front row, tried to start some clapping herself, but the members of the Biden administration in the audience only tepidly joined her efforts. Harris returned to Washington a day earlier than originally scheduled. Later, the reason for the switch became clear: President Biden was secretly traveling to Kyiv. The impact on the vice president was all too familiar. Her three-day trip to Munich, intended to be a showcase, would be largely ignored.Biden and Harris should — theoretically — be entering the 2024 contest riding high. Democrats staved off a “red wave” in the 2022 midterms and continue to perform well in special elections and on ballot referendums, driven by a backlash to the Supreme Court’s decision to overturn Roe v. Wade. Instead, poll after poll shows Biden, who will be 81 in November, locked in a close race with his most likely opponent, Donald Trump, and hounded by voter concerns about his advanced age and his ability to complete a second four-year term.But if Biden’s age is the Democrats’ explicit electoral challenge, Harris, 59 this month, is the unspoken one. Three years after she and Biden were presented as a package deal, a two-for-one special that included a younger, nonwhite candidate to counterbalance Biden’s shortcomings, Democrats have not embraced the president in waiting. In interviews with more than 75 people in the vice president’s orbit, there is little agreement about Harris at all, except an acknowledgment that she has a public perception problem, a self-fulfilling spiral of bad press and bad polls, compounded by the realities of racism and sexism. This year, an NBC News poll found that 49 percent of voters have an unfavorable view of Harris, with the lowest net-negative rating for a vice president since the poll began in 1989.Vice President Kamala Harris and President Biden during a recent meeting with the presidential advisory board on historically Black colleges and universities.Susan Walsh/Associated PressRepublican presidential candidates like former Ambassador Nikki Haley have already argued that a vote for Biden next November is a vote for a President Kamala Harris. Trump recently gave an interview to the former Fox News host Tucker Carlson in which he mocked Harris’s speaking style and also said aloud what many people seem to be whispering: that the closer Harris gets to the presidency, the further she has become from convincing the country that she is presidential.“This is not a president of the United States’ future,” Trump said in a preview of Republican attacks against her in the coming election. “And I think they probably have some kind of a primary and other people will get involved.”Trump isn’t the only one floating a Harris-replacement scenario. In September, New York Magazine published “The Case for Biden to Drop Kamala Harris,” and a Washington Post column argued that “Biden could encourage a more open vice-presidential selection process that could produce a stronger running mate.” In the same week, two Democratic House members — Representative Jamie Raskin of Maryland and former Speaker Nancy Pelosi, the Democratic Party titan and fellow Bay Area native who has known Harris for decades, though the two are not particularly close — evaded saying on CNN whether they thought Harris remained the strongest running mate for Biden in 2024. (Raskin, after receiving backlash, later went on a different network to clarify his support).Senator Elizabeth Warren of Massachusetts, the progressive who ran against Biden and Harris in the 2020 Democratic primary, demurred early this year when asked by a local radio station if Biden should keep Harris as his running mate in 2024, saying, “I really want to defer to what makes Biden comfortable on his team.” (Warren later called Harris twice to apologize. Harris initially ignored the calls, CNN reported at the time.)The doubts have prompted a public-relations blitz. Harris was featured 13 times in a video announcing Biden’s re-election bid. White House senior advisers have exhorted Democrats to stop criticizing Harris to the press, on the record or off, telling them that it’s harmful to the overall ticket. Emily’s List, the liberal advocacy group that supports Democratic female candidates who champion abortion rights, pledged to spend “tens of millions” of dollars in 2024 specifically to support Harris. The communications department of the Democratic National Committee has made a point to blast out announcements of her public events.And the people closest to Harris, the tight-knit group of Black women in national Democratic politics who helped make her Biden’s choice for vice president, are increasingly becoming incensed with how she’s being treated. Their disgust is as close as you’ll get to hearing it from Harris herself.Laphonza Butler, a former adviser of the vice president and the president of Emily’s List until Gov. Gavin Newsom of California appointed her to the U.S. Senate after the death of Dianne Feinstein, said the Harris naysayers in her party need to “cut the bullshit.” “It’s disrespectful,” Butler told me in an interview before her Senate appointment. “And the thing that makes it more disrespectful is that we’re talking about a historic V.P. who has been a high-quality partner and asset to the country at a time when everything is at stake. Right now is the time to respect what she’s done and what she brings.”LaTosha Brown, a founder of Black Voters Matter, went a step further. She said she’s convinced that some in the party — and in the White House — do not want Harris to succeed. “I think there have been saboteurs within the administration,” she said. “I think that they are worried about the age contrast. And they are worried about Kamala outshining Biden.”Over eight months of reporting this article, I conducted interviews with Harris’s former staff members, advisers, childhood friends, family members, senior figures in the Democratic Party and key players in the White House and Biden’s re-election campaign — many of whom spoke on the condition of anonymity to avoid antagonizing the vice president and the White House.I called top Democratic pollsters to gauge whether a Harris-led party kept them up at night. I talked with members of Biden’s vice-presidential selection committee to ask the question I’ve always wanted to know the answer to: Was Kamala Harris really chosen as a running mate because she had the right identity at the right time, the highest-profile diversity hire in America?In nearly three years in office, Harris has stood dutifully by Biden’s side. But in terms of her own political profile, she has remained a vacuum of negative space, a vessel for supporters and detractors to fill as they choose, not least because she refuses to do so herself.“My career, for the most part, has not been one of being focused on giving lovely speeches or trying to pass a bill,” Harris said to me in an interview in Chicago after an event for Everytown for Gun Safety, an advocacy group that has endorsed Biden and Harris for re-election. “And so that’s how I approach public policy. I’m probably oriented to think about, What does this actually mean, as opposed to how does this just sound?”Harris has leaned on this sentiment for years, even as lovely speeches are considered core to the job of president. It reflects a figure who is fundamentally uncomfortable with having to make an affirmative case for herself to the public — and feels she shouldn’t have to. Since 2019, the year I first covered Harris for The Times, I have often asked her variations of the same questions about her vision for the future and where it fits within the Democratic Party. Sometimes I can sense the frustrations of an elected official who clearly is skeptical of the press — a career prosecutor who is more comfortable asking pressing questions than giving straightforward answers.In Chicago, I directly placed in front of her the question others had only insinuated.“When someone asks, ‘What does Vice President Kamala Harris bring to the ticket?’ what is that clear answer?” I asked. Her team made clear it would be my final question. “Were you in this room of 2,000 people?” she asked. I nodded.“Did you see them cheering and standing?”“Yes.”“That’s what I say.”She stood up and walked out of the room.The unofficial end to Kamala Harris’s presidential campaign came four months before she formally dropped out. In late July 2019, at a Democratic presidential debate in Detroit, the California senator faced an unexpected attack from Representative Tulsi Gabbard of Hawaii, who has since left Congress — and the party.“The bottom line is, Senator Harris, when you were in a position to make a difference and an impact in these people’s lives, you did not,” Gabbard said to Harris, arguing that the former prosecutor, who had criticized Biden for creating policies that contributed to mass incarceration, was also part of the problem. ‘‘She put over 1,500 people in jail for marijuana violations and then laughed about it when she was asked if she ever smoked marijuana.’’ The left-wing critique that “Kamala is a cop” had been raging on social media for months, complete with a meme that depicted Harris handcuffing a child, a viral interview where she laughed about smoking marijuana and a photo in which Harris donned a police jacket during her time as California’s attorney general. But Harris was rarely forced to answer it directly, and not in such a public setting, from a candidate she considered beneath her. “I am proud of making a decision to not just give fancy speeches or be in a legislative body and give speeches on the floor but actually doing the work,” Harris said onstage, broadly defending her record, citing the re-entry program she started as attorney general. Gabbard came back at her: “People who suffered under your reign as prosecutor — you owe them an apology.” After the debate, Harris was more dismissive. “This is going to sound immodest, but obviously I’m a top-tier candidate, and so I did expect that I’d be on the stage and take some hits tonight,” she said on CNN. “When people are at 0 or 1 percent or whatever she might be at.”Biden and Harris during a Democratic presidential primary debate in July 2019.Erin Schaff/The New York TimesHer response did little to quell the line of criticism, but it did expose a fundamental fact about Harris: In the last five years, as social movements have shifted the Democrats’ message on criminal justice and public safety leftward, the figure whose career seems to speak the most to that conversation has refused to lead it.In 2019, when Harris was running for president, she released a criminal-justice plan six months into her campaign, after rivals like Biden, Warren, Senator Bernie Sanders of Vermont and Senator Cory Booker of New Jersey had already done so, setting the terms of the debate. Advisers privy to campaign details said the delay was caused by the candidate’s tendency to get pulled in multiple directions from outside voices, even on the issue to which she had dedicated her career. Some of this spilled into public view, including when Harris was asked in April 2019 whether convicted felons should be able to vote from prison.“I think we should have that conversation,” she said on CNN, only to back off the next day.The episode was an outward expression of an inner conflict. Unlike Biden, who also faced questions about his tough-on-crime past during the 2020 presidential primary, Harris craved the approval of the party’s left wing, particularly the class of liberal, college-educated women who had grown more interested in Warren’s unabashed progressivism. Brown, of Black Voters Matter, said Harris is “absolutely a progressive.” Maria Teresa Kumar, president and chief executive of Voto Latino and a longtime political ally in California, said Harris is neither a moderate nor a progressive, but “ideologically pragmatic.” Jamal Simmons, who served as Harris’s communications director before leaving the role at the beginning of this year, suggested that her identity lies elsewhere. “She’s a Christian, but strength is her religion.”In September 2019, Harris told me in an interview that the criticism of her record had taken an emotional toll. It feels “awful,” she said. “I understand it intellectually. Emotionally, it’s hurtful,” Harris said at the time. “I know what motivated me to become a prosecutor, I know what motivated me to do the kind of work we did, and I know that it was groundbreaking work.”The problem is, outside her record in law enforcement, Harris does not have much of a legislative history to be judged on — even Barack Obama served eight years in the Illinois Statehouse. She was elected to the Senate on the same night in 2016 that Trump beat Hillary Clinton. After just two years in the Senate, she was already a presidential candidate — pitching herself as a bridge between the party’s progressive and moderate wings. In her current role as vice president, Harris is a professional support act, in a position that has both made her more visible and given her less of a distinctive voice.“I love my job,” Harris told me in Chicago. “There are certain opportunities that come only with a position like being vice president of the United States to uplift the voices of the people in a way that I think matters and makes a difference.”When Harris’s name was first introduced on the national political stage in 2009, it was accompanied by a set of sky-high expectations. The week before Obama was inaugurated as president, the PBS journalist Gwen Ifill name-checked Harris during an appearance on the “Late Show With David Letterman,” adding rocket fuel for Harris’s political ambitions. Ifill said Harris, who was the San Francisco district attorney at the time, was “brilliant” and “tough.” Then she went further: “They call her the ‘female Barack Obama.’”But that label, and the expectations that came with it, would also have a downside. Harris was not the “female Obama,” nor was she the mixed-race Hillary Clinton, the only other woman who has come this close to the presidency. Without a clear ideological brand, and because she has avoided the issue with which she has firsthand expertise, the historic nature of Harris’s role seems to have boxed her in. A year away from the election and a heartbeat away from the presidency, Harris is an avatar for the idea of representation itself, a litmus test for its political power and its inherent limits.Harris in 2004, when she was the San Francisco district attorney.Paul Chinn/The San Francisco Chronicle, via Getty ImagesTo that end, the facts of her life — born to immigrant parents who met as activists in Berkeley, raised in the Bay Area amid the Black Power movement of the 1960s and 1970s, studied at Howard University, one of the country’s premier historically Black institutions — help explain why this vice president not only looks different, but is different too.She wears her self-belief with pride. And she always has, according to family members who attend her Sunday dinners, childhood friends who grew up with her in Oakland and Harris herself. “I grew up when Aretha Franklin was telling me I was young, gifted and Black,” Harris told me. “I will tell you this, and maybe it’s a radical notion. I have never believed that I don’t belong somewhere, and I was raised to believe that I belong anywhere that I choose to go.”Harris, in this way, is the antithesis of Obama. While he was defined by a sense of alienation growing up among his mother’s white family and found refuge in Black communities as an adult in Chicago, Harris’s journey bears no such resemblance. Her Bay Area childhood was rooted in Black affirmation and community, even as her mother, Shyamala Gopalan, remained close to her family in India and kept Hindu traditions in the home. If anything, Harris’s childhood stands out for its insulation from whiteness, more multiracial and multiethnic than strictly Black and white. “I remember we were in middle school just sitting on the bed, and she walked me through her name, K-a-m-a-l-a D-e-v-i H-a-r-r-i-s,” says Cynthia Bagby, a childhood friend from Oakland. “She was very clear about her heritage, where her mother was from and what it meant. She’s always been one of those people that’s like, ‘This is who I am. Deal with it.’”But Harris is also conscious of being “ghettoized” — which is how one close Biden adviser described her fear of being put into a box that was solely ascribed to her race or gender. Throughout the majority of her career, the substance was never in question: She was a prosecutor, a similar early career track as other Democratic women in the Senate, including Amy Klobuchar of Minnesota and Catherine Cortez Masto of Nevada. But Harris always came with an air of star power — Ifill’s label, a network of Bay Area donors and her 2009 book, “Smart on Crime,” which introduced her to a national audience by highlighting her criminal-justice philosophy.“I came up with the phrase,” Harris proudly reminded me during our interview in Chicago. “I proposed we should ask, Are we smart on crime? And in asking that question, measure our effectiveness similar to how the private sector does,” she said. I told Harris that I read the book and came away struck by how differently she — and Democrats — talk about criminal justice now, 14 years later. And like Gabbard, I decided to ask her how I should think about the changes in her philosophy. Were they “an evolution based on new evidence? Or is that a kind of tacit admission that the view from 20 years ago might have been incorrect?” I asked.“Why don’t we break it down to which part you’re talking about, and then I can tell you,” she said, leaning forward.I mentioned the elimination of cash bail, which Harris embraced during her run for president but never during her time in California.“I think it depends on what kind of crime you’re talking about, to be honest,” she said.I tried to ask another way.“When you think about what changed from then to now, is there anything you look back and say, I wish we did differently?”“You have to be more specific,” Harris said.By this point, the vice president would not break eye contact, and suddenly I had more in common with Jeff Sessions and Brett Kavanaugh than I ever expected. Just as in those Senate confirmation hearings, Harris’s tone was perfectly pitched, firm but not menacing — confrontational but not abrasive, just enough for you to know she thought these questions were a waste of her time.I asked her where she would define herself politically on a spectrum of moderate to progressive.Harris during Brett Kavanaugh’s Supreme Court confirmation process in 2018, when she served in the Senate.Damon Winter/The New York Times“Why don’t you define each one for me, and then I can tell you where I fit,” she responded. “If you want to say, for example, that believing that working people should receive a fair wage and be treated with dignity and that there is dignity in all work, well then, I don’t know what label do you give that one. If you believe that parents should have affordable child care? I’m not sure what the label is for that.”“The labels are used as kind of proxies for kind of root-cause conversations,” I said. “Progressives believe that structural inequality is such that it has to be upended. Liberals are thinking more about working within a system.”“Well, name the issue and then I’ll tell you,” she said.“OK, inequality,” I proposed.“Let’s just take the African American experience from slavery on. And we don’t have to even go back that far to to understand where the inequality came from,” she said, listing redlining, the Tulsa riots, the G.I. Bill. “There were issues that were about policy and practice that excluded, purposely, people based on their race.”“But one of the quotes I most remember from your presidential run was you saying, when asked what you believe in, that you weren’t trying to restructure society. How do you solve those kind of deep systemic inequalities?”“I think you have to be more specific,” she parried, “because I’m not really into labels.”The words had barely left Joe Biden’s mouth before Representative Maxine Waters picked up the phone. “What are we going to do?” she asked Leah Daughtry, a longtime operative at the Democratic National Committee and, more important, one of the chief conveners of the party’s informal network of influential Black women. It was March 2020, during the final Democratic presidential debate between Biden and Bernie Sanders, in which Biden tried to wrap up the nomination with an explicit appeal to the party’s base. “Biden just said he was going to pick a woman to be his running mate,” Waters informed her, before repeating her question. “What are we going to do?”The phone call was the origin point of a two-pronged plan, Daughtry told me, recounting their conversation for the first time for this article. They didn’t want just any woman — they wanted a Black woman — and they were determined to make the case on multiple fronts. To the Biden campaign directly, in the kind of back-room jockeying among political insiders that has long defined the vice-presidential sweepstakes, but also to the public, hoping to create a political environment in which the Biden campaign felt it had no other option.Their work would culminate in the most public lobbying effort for a vice-presidential selection in modern American history. There were public letters, planted news stories, cable-news segments and statements of support from celebrities like Sean (Diddy) Combs and Ty Dolla $ign. ‘‘As soon as it sounded like it was something that could really happen, we definitely wanted to weigh in,” said Melanie Campbell, an activist whom Daughtry turned to for help and who organized the first open letter calling for a Black woman on the ticket.For a while, the Biden campaign kept its distance. Advisers held a phone call in early May with some activists who signed onto Campbell’s letter — but they also dispatched allies to make clear that Biden was also considering white candidates, like Warren, Klobuchar and Gov. Gretchen Whitmer of Michigan.But between Biden’s initial pledge to select a woman and when it was time to announce his choice, ahead of the Democratic National Convention in August, the world had effectively turned on its head. Suddenly, amid the coronavirus pandemic and travel restrictions, there was no campaign trail, and most of the meetings to discuss selecting the vice president were happening on Zoom. The killing of George Floyd in Minneapolis that May would spark nationwide protests calling for racial justice. And in the absence of in-person politicking, social media took on more importance, helping push the conversation about Biden’s running mate to explicitly racial terms.Biden’s vice-presidential selection committee would eventually contact a smaller group of Black women — including Campbell, Daughtry, the former Democratic Party chairwoman Donna Brazile and the longtime Democratic strategist Minyon Moore — with a more specific request: The next time they met, Biden’s team wanted to hear a case for one individual candidate, not a general call for a Black woman.At the time, after Harris ended her own presidential campaign the previous December, she was experiencing a spate of good will with many of the same activists who once preferred other candidates. Brown, of Black Voters Matter, for example, publicly endorsed Warren in the primary but told me she felt that she had misjudged Harris and that championing her as Biden’s running mate was a kind of spiritual mea culpa. Others held Harris up as a victim of Democratic racism and sexism, particularly when what had begun as a historically diverse field winnowed to Biden and Sanders, two white men over age 75.But not everyone who had Biden’s ear agreed with the public efforts, including the dean of Black Democratic politics in Washington. Representative James E. Clyburn, the influential lawmaker whose well-timed endorsement of Biden helped him win the South Carolina primary, and in turn, the Democratic nomination, told me that he always told Biden that selecting a Black woman as a running mate “was a plus, not a must.”But by the time Biden was in the final stages of his selection, even more traditional party figures were telling the campaign to heed calls to choose a Black woman. Howard Dean, the former presidential candidate and party chairman, said he would have preferred for Biden to select a Black woman as his running mate without a public pledge at the debate, because “when you start picking people by category, it’s important to talk about qualifications first,” he told me.Dean, however, compared the summer of 2020 and the moment Biden was in to the 1968 Democratic convention in Chicago, when protests over the Vietnam War forced the party to reckon with its relationship to an emerging generation of voters. Biden needed to show that Democrats value the party’s Black base, Dean said, whichever way he could. Selecting a Black running mate “became a way of healing the country — of saying, ‘White Democrats don’t have a good record on this issue, and I mean business,’” he said.Inside Biden’s camp, represented by longtime aides like Steve Ricchetti, Mike Donilon, Anita Dunn, Ron Klain and Jen O’Malley Dillon, multiple discussions were happening. The traditional vetting process, led by the search committee, eventually narrowed a broader short list of 11 down to four finalists: Harris, Warren, Whitmer and Susan Rice, who served as Obama’s national security adviser and is also a Black woman. Biden, who is known to dial up trusted voices and ask for input, the more the better, was leading his own line of inquiry.After Whitmer impressed Biden during an in-person meeting in the veepstakes’ final stages, one question rose to the top: Could two white Democrats win?Campaign research said yes — Biden could win with any of the four. Klain argued for Harris specifically. Obama played the role of sounding board, weighing the pros and cons of Biden’s options rather than backing anyone, including Harris, according to a person familiar with the conversation. But Harris was the only candidate who had the full complement of qualifications: She had won statewide, was a familiar name with voters because of her presidential run and enjoyed a personal connection with the Biden family, having been a close working partner of Biden’s son, Beau, when he served as attorney general of Delaware.And she was Black, meaning the announcement would be met with enthusiasm rather than controversy. On Aug. 11, the day the campaign announced Harris as the running mate, it raised $26 million in 24 hours.Biden’s advisers say he selected who he felt would be the best governing partner, independent of race, gender or future political considerations. Because of Biden’s age, however, and his promise to be “a bridge’’ to ‘‘an entire generation of leaders,” Harris’s selection was immediately interpreted as a sign that a nominee who might serve only one term was already setting up his successor. “By choosing her as his political partner, Mr. Biden, if he wins, may well be anointing her as the de facto leader of the party in four or eight years,” read the Times article that announced her selection in August. But that was not the campaign’s thinking, Biden advisers told me, arguing that he chose Harris as a running mate for 2020 and a governing partner for his first term — not necessarily as a future president.“It was a governing decision,” Dunn said to me during an interview. “Who can be president, if necessary? But really, Who can be a good partner for me in terms of governing and bringing this country back from the precipice?”Two days after the announcement, another Times article quoted Harry Reid, the retired Democratic Senate leader from Nevada, who said approvingly that Biden selected Harris because “he came to the conclusion that he should pick a Black woman.”“I think that the Black women of America deserved a Black vice-presidential candidate,” Reid said.For years, Moore, Daughtry, Brazile and Yolanda Caraway, a political strategist, have formed what is colloquially called the Colored Girls, a group of Black female insiders in Democratic politics. Brazile said that when Biden selected Harris, the group “committed themselves to helping him get elected, but we also committed ourselves to her.”Harris greeting supporters at a celebratory rally in Wilmington, Del., after the 2020 presidential election was called in the Democrats’ favor.Robert Deutsch/EPA, via ShutterstockTheir investment in Harris speaks to why the diversity-hire framing is too simplistic. There is power in being the first, even if there are limits in being the only. Brown dismissed the idea that the public lobbying efforts for Harris’s selection created the impression of an affirmative-action hire: “When don’t white people think that?” she asked.During our interview in Chicago, I tried to ask Harris whether quotes like Reid’s bothered her, reducing her selection to her identity rather than her record.“I don’t think I understand your question,” Harris said.“I’m saying, does it matter — that kind of narrative around Biden needing to choose a Black woman as running mate still exists and that has hovered over your selection?”“He chose a Black woman. That woman is me,” Harris said. “So I don’t know that anything lingers about what he should choose. He has chosen.”The Biden-Harris administration never got to enjoy a honeymoon period. Amid the pandemic, the attempts by Trump and his allies to overturn the election and the shock of Jan. 6, Kamala Harris the presidential candidate didn’t get much of a chance to reintroduce herself to the country as Kamala Harris the vice president.Just when she was most in need of trusted counsel, becoming Joe Biden’s No. 2 had the effect of cutting Harris off from the political operation that had most closely guided her to that point. Almost none of Harris’s top advisers from California joined her in the Biden campaign or in the vice president’s office, planting the seeds of isolation. Harris has often cycled through senior staff at a far greater clip than her contemporaries (her policy director, Carmel Martin, left the role last month). And while Biden’s senior staff includes fixtures like Donilon, who has worked with him since 1981, few of Harris’s senior staff members date back to her time in California — or even her presidential campaign.By June of her first year in office, Politico had already declared that Harris’s office was “rife with dissent” and quoted an anonymous source claiming it was “an abusive environment.” A slew of staff departures fed a stream of headlines that only seemed to confirm the waywardness that had defined her presidential campaign. Her initial communications director, Ashley Etienne, left in less than a year. Simmons, her successor, stayed only a year and is now a commentator for CNN. The New York Post published a tally of Harris’s staff departures — 13 within 13 months. They included members of the advance team, her longtime policy adviser, her first chief of staff and her high-profile press secretary, Symone Sanders-Townsend, who now hosts a show on MSNBC. (Harris has yet to appear.)In June 2021, Harris would compound her problems with a widely panned interview with NBC’s Lester Holt in which he repeatedly asked her why she had not been to the border. “And I haven’t been to Europe,” Harris said. “And I mean, I don’t understand the point you’re making.”The Holt interview would publicly set the tone for Harris’s first two years. The flood of criticism stung Harris deeply, and she mused in private conversations about worrying that she had let down Biden and the White House. Over the following year, Harris traveled less often, and she mostly avoided further media interviews, preferring friendly settings like “The View” and a show on Comedy Central hosted by Charlamagne tha God. Harris’s staff argues that she had to carefully schedule her travel during this period because she often served as the tiebreaking vote in the Senate, with the chamber split 50-50 at the time. In private conversations, however, some Democrats close to Biden say that they encouraged her to stay visible and that it was Harris’s decision alone to step back, over the advice of her chief of staff and Biden’s senior advisers.Her public absence would not go unnoticed. In November of that year, The Los Angeles Times ran a column declaring Harris “the incredible disappearing vice president.” In January 2022, on the anniversary of her ascent to the office, the BBC ran an article that painted a dire picture of a flailing politician with the headline: “Kamala Harris one year: Where did it go wrong for her?”In that first year, she also had the opportunity to select several issues to fill out her policy portfolio, a chance for a vice president to own a signature policy lane. According to several people familiar with the discussions, though, Harris had no interest in taking on criminal-justice reform and policing, her area of career expertise.Instead, Harris insisted that she would take on voting rights after consulting with Black leaders in the party, including the team of Stacey Abrams of Georgia, who had previously made no secret of her desire to be Biden’s vice president, according to a person familiar with the discussions. The issue bears a civil rights legacy and is embraced by all sides of the party. One Biden adviser, however, said they made clear to Harris at the time that there was little chance that meaningful legislation could pass on the issue given the deadlocked Senate.Within a year, the prediction would come true. After Biden made an 11th-hour trip to Atlanta to give a speech exhorting the Senate to pass the administration’s expansive bills on voting rights and election reform — a speech some activists and even Abrams chose not to attend — it would be clear that the legislation would not go forward.Harris touring a Customs and Border Protection processing center in El Paso in June 2021, after facing criticism for not having visited the Southern border.Patrick T. Fallon/AFP, via Getty ImagesHarris also received an assignment she didn’t want, according to White House officials familiar with the discussions. The president charged her with addressing the root causes of migration in Central America — coordinating public and private funds that could support people in their home countries before they tried to flee for the United States. Some of that nuance was lost in June 2021, however, during the same international trip when she sat for the interview with Holt.In Guatemala, Harris warned migrants “do not come” to America, repeating the phrase for emphasis at a news conference alongside President Alejandro Giammattei. While the message wasn’t unique — other administration officials had communicated a similar stance — the messenger was, and it earned Harris the ire of some pro-immigration groups and progressive lawmakers.“This is disappointing to see,” Representative Alexandria Ocasio-Cortez wrote in response on Twitter. “The US spent decades contributing to regime change and destabilization in Latin America. We can’t help set someone’s house on fire and then blame them for fleeing.”Republicans also seized on the controversy, depicting Harris as the Biden administration’s unofficial “border czar,” overseeing a constant stream of migrants bringing fentanyl to the United States. Representative Ronny Jackson, the former White House doctor closely aligned with Trump, has twice introduced legislation that would remove Harris from a role she doesn’t have.This month, the Biden administration authorized the construction of up to 20 miles of wall along the Southern border, highlighting its failure to curtail migrant crossings into the United States. The issue is sure to be a centerpiece of the 2024 election — particularly as Republicans say Democrats can’t address a crisis they refuse to acknowledge.In our interview, Harris made the case that the money that has been invested would be an important stopgap in the absence of congressional action. “We have raised over $4.2 billion dealing with issues like what we can do to support agriculture, which is a main facet of the economy of a lot of these countries,” Harris said.“I get the roadblocks in Congress, and I get that your root-cause work is long-term,” I responded. “I’m saying, if you’re a voter in the short term who is saying, ‘Is our border secure?’ And what is this administration’s answer to that? What’s that answer?”“The answer is that we are absolutely making it secure and putting resources into it to do that work,” Harris said.When Harris speaks in an interview or to an audience, it can sound as if she’s editing in real time, searching for the right calibration of talking points rather than displaying confidence in her message. It has contributed to a reputation as a politician who delivers “word salads,” but Simmons — her former communications director — argued that it’s a consequence of her career as a prosecutor and attorney general, law-enforcement roles that did not ask Harris to communicate with the press and the public in the same way. Even in Harris’s presidential race, staff members had to push her to share details about her life, family and career motivations. It was not always successful.“Often in the White House, national leaders have to base their arguments on emotion and gut — and as a prosecutor that’s not the job,” Simmons told me. “So she’s getting more comfortable speaking about herself, her beliefs and the president’s beliefs — answering the ‘why’ question of what they do, not just what the policy is.”But Harris has not been a prosecutor since 2016, and many of her rhetorical quirks extend beyond policy — the unbridled laugh (Harris has become the face of a new internet term, IJBOL, for “I just burst out laughing”); her passion for Venn diagrams (she mentions them so much that the G.O.P. has made a one-minute compilation video); and even her dance moves have become punchlines, shrinking Kamala Harris the vice president to Kamala Harris the meme.The internet caricature comes as Harris has sought to recast herself as a consequential force within the party and the administration. When the Supreme Court overturned federal protections for abortion rights in June 2022, Harris and the White House saw an opportunity for the vice president to speak authoritatively on an issue that has proved critical to Democratic voter turnout. This year, Harris has made protecting abortion rights a central tenet of her campaign message, her stump speech and her Fight for Our Freedoms College Tour.Jennifer Palmieri, the former Obama White House communications director, says she believes that the issue has given Harris an area of focus at a critical time and that the press coverage of Harris is too focused on previous missteps and not what lies ahead. This summer, after a different Washington Post op-ed praised Harris as an electoral asset, Palmieri phoned senior members of Harris’s team to offer congratulations, confident that they had turned a narrative corner.Now, even after open speculation about dropping Harris from the ticket, Palmieri is adamant that Harris is “the most valuable running mate for a ticket in recent history.’’“Nothing that has happened to her has surprised me,” Palmieri told me. “I knew, like, this is going to be a very hard road, no matter how talented you are. It is not a situation that’s set up to fail. But it is not a situation where you will be set up to succeed.”This month, in a swearing-in ceremony conducted by Harris, Laphonza Butler became only the third Black woman ever to serve in the United States Senate, following in the footsteps of her ally and mentor. Newsom’s decision to appoint the Emily’s List leader surprised many Democrats, but it shouldn’t have — in addition to her activism, Butler was a former partner in Ace Smith and Sean Clegg’s consulting group, which has close ties to the governor and the vice president.Newsom, like Biden, was also under significant pressure to appoint a Black woman in the role after he made a public pledge to do so in 2021, amid speculation about Feinstein’s possible retirement. Such pledges have become more common in liberal politics, a way to signal solidarity with an increasingly diverse electorate, and a go-to move for white male Democrats in particular.Harris swearing in her longtime friend Laphonza Butler to the U.S. Senate this month.Anna Rose Layden/Getty ImagesDunn, the president’s senior adviser, said Biden’s pledge to pick a woman as his running mate was born of a desire “to be very clear with people that he felt it was time.” And while Dunn acknowledged some initial difficulties for Harris during the first two years in office, she also said the vice president “has found her voice, and she’s found her role,” as issues like abortion rights and gun safety have given her a clearer message heading into 2024.Dunn’s confidence reflects that of the administration at large and serve as a reminder that the Harris-replacement scenarios amount to political wish-casting. Even off the record, Biden’s senior advisers say that there’s no desire to oust her and that the idea was never floated. One person in Biden’s inner circle suggested that the president would be personally offended by the suggestion: Obama’s campaign conducted polling on replacing Biden ahead of the 2012 election, and the subject stings the former vice president to this day.“This administration has never polled it,” Dunn said to me unequivocally. “Never thought about it. Never discussed it.” Jeff Zients, Biden’s chief of staff, said that Harris and Biden enjoy a close relationship and that she is often the last to leave the Oval Office after a meeting, just as Biden was during his time as Obama’s No. 2. “She has an uncanny ability to really drill down to what matters, clear out what doesn’t matter and hold people accountable for results,” he told me.“She can prosecute a case extremely well,” Dunn confirmed. “In a meeting, she will say, ‘But no, really, is that going to work?’ Or, ‘Oh, really, explain this,’ and she’s very effective. And it’s interesting to watch them together. Because sometimes it’s almost like, she’ll ask something, and he will look at her like, That’s exactly what I would have said.”But the confidence of the White House sets up an inevitable collision course. Even if Biden wins the election, he will only get older — and the concerns of the American public about his age and the prospect of Harris’s stepping in as president will most likely persist. Allies like James Clyburn believe that sentiment will shift if the Washington whisper machine were to pull back and decide to appreciate Kamala Harris for who she is, rather than deride her for what she is not. Clyburn said Harris’s “problem” is simple: Her race and gender have made her a Washington outsider. “Her only problem right now is what she looked like when she was born,” he said to me. “That’s what these people are holding against her.”Rashad Robinson, the president of the racial-justice advocacy group Color of Change, who traveled with Harris this year to Africa — a trip that included stops in Ghana, Tanzania and Zambia and face time with prominent Black celebrities and activists, including the director Spike Lee and actors like Sheryl Lee Ralph and Idris Elba — said he feels that American media outlets refuse to cover her success, including the images from that trip. “When we arrived to Black Star Square in Ghana, there were upwards of 10,000 people who were excited to see her,” Robinson said. “And I thought, What’s the other vice president that could get that type of crowd outside the United States — or even inside the United States?”But not everyone agrees with these supporters, including a number of Democrats — when granted anonymity to speak freely. A top Democratic consultant said that “she has a little Ron DeSantis in her,” in terms of the disconnect between political talent and expectations. One major donor said there’s an agreement among the party’s heavy hitters that having Harris as vice president to Biden “is not ideal, but there’s a hope she can rise to the occasion.” Sometimes the arguments against her feel more petty: A member of Harris’s staff remarked on the amount of down time the vice president schedules on trips, which includes an inordinate amount of time dedicated to hair care.Harris is largely absent from the post-Biden jockeying that is already taking place among prospective candidates and donors. One major donor told me: “I’ve gotten invites from people like Whitmer and Booker. And even people like Buttigieg and Ro Khanna are cultivating meetings and donors. It’s radio silence from Kamala and Kamala World. They’re not keeping alive the network of people that supported her.”This summer and fall, Harris has sought to answer critics with a travel-heavy schedule that highlights her connection to key blocs in the Democratic coalition. She inaugurated her Fight for Our Freedoms College Tour at Hampton University, the historically Black college in coastal Virginia; the tour also includes lesser-known schools with large Latino student populations, like Reading Area Community College in Pennsylvania.It was easy to see Harris as an underappreciated electoral asset for Biden at a gathering of the African Methodist Episcopal Church in Orlando this August. In a crowd numbering thousands of older, predominantly Southern Black churchgoers, there was palpable pride in Harris, evident from the hundreds who lined up for pictures or the group of senior bishops who privately prayed for her.In a speech, Harris took direct aim at new statewide education standards restricting how race and Black history could be taught. “Right here in Florida,” Harris said, her voice rising in outrage, “they plan to teach students that enslaved people benefited from slavery.”The members of the audience rose to their feet in anticipation of what they sensed was coming next: a smackdown of Gov. Ron DeSantis, who had sent a public letter that week challenging Harris to a debate. “Well, I’m here in Florida,” she said defiantly, “and I will tell you, there is no round table, no lecture, no invitation we will accept to debate an undeniable fact: There were no redeeming qualities of slavery.”The roar of approval served as an audible reminder — to DeSantis, the Republican Party, the Beltway press corps and even some Democrats too: Writing off Kamala Harris is a mistake, as overly simplistic and premature as the “female Barack Obama” label that once followed her.“When you are the first, serving at the national level, it is a significant responsibility and weight on your shoulder,” the Massachusetts attorney general, Andrea Campbell, said at the annual N.A.A.C.P. convention this summer. She made it a point to stress that Harris, with whom she was in conversation at the event, was “our” vice president — implying Black people specifically. Campbell continued: “We were remarking, you know, ‘They’re coming for us.’ And what that means is that you have to sustain yourself. Of course, be protected, but also do the work.”She then asked the audience to rise, a manufactured standing ovation with a clear message: Harris needs your support.“As we go into this round of applause for our vice president, really thinking about what elected officials, particularly people of color, are going through in this moment in time,” Campbell said, “I ask everyone to just stand up — I’m going to do the same — and give our vice president a round of applause for the work she does every single day.”Harris and Biden in the White House Rose Garden in May.Doug Mills/The New York TimesThe crowd rose to its feet — but it felt more like an act of politeness. Unlike in Orlando, where the audience was at rapt attention, the version of Harris in Boston more resembled the version I saw in Munich. It served as a reminder that Black communities are not a monolith and that their assumed kinship to Harris — or to the Democratic Party — cannot be taken for granted.During our interview in Chicago, which was supposed to be the first of two, I asked Harris about the party’s relationship with Black Americans and the policy priorities that matter most to them. I asked whether the administration’s ineffectiveness on voting rights was indicative of a broader pattern on things considered to be “Black issues” — lots of promises during the election season and lots of excuses during the time in office.“Has there been enough substance that the administration has put on its inequality agenda?” I asked, pointing out that Black turnout had softened for Democrats in the 2022 midterms. “Has that promise made to Black communities been kept?”Harris launched into a recitation of talking points: the amount of money the administration has invested in historically Black colleges and universities; how the capped price on insulin would help Black seniors; the new federal restrictions on no-knock entries and chokeholds by the police; Housing Secretary Marcia Fudge’s work on affordable housing. Her answer spoke to a fundamental tension facing Democrats ahead of next year’s election: No matter the administration’s policy accomplishments, which are real but often incremental rather than sweeping, they are not yet galvanizing the voters they most need.By this point in the interview, the window that was slightly open when Harris sat down felt as though it had been firmly shut. Over the weeks that followed, the vice president’s aides would repeatedly postpone the second interview that had been agreed to for this article. But here, while I still had the chance, I wanted to try once more to get at this important question: Maybe people are yearning for something policy can’t provide — not just a fancy speech, but a more forcefully declared vision.“What’s the disconnect then, between all that and it translating to more Black votes?” I asked, pressing further.Harris refused to entertain the scenario. Instead, she had a question for me.“Why don’t you talk to me after 2024?” More

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    Mike Lindell’s Lawyers Say He Owes ‘Millions’ in Fees

    The disclosure, made in a court filing this week, is a sign that the pillow magnate and leading supporter of the election denial movement is facing financial stress.For nearly three years, the pillow entrepreneur Mike Lindell has been one of the leading financial supporters of the election denial movement, a tireless promoter of false claims that Donald J. Trump won the 2020 election and of efforts to change how Americans vote.But recent public records, as well as interviews with Mr. Lindell and others, suggest that he is facing financial troubles.Lawyers defending Mr. Lindell in several defamation lawsuits this week filed to withdraw from the cases, citing “millions” of dollars in unpaid fees. The withdrawal would leave Mr. Lindell without a lawyer in lawsuits where plaintiffs are seeking more than $1 billion in damages.In an interview, Mr. Lindell said he didn’t blame his lawyers for dropping him. “They have to feed their families,” he said. He said that his activism related to the 2020 election had contributed to his financial woes.In a filing late on Friday, Smartmatic, one of the firms suing Mr. Lindell for defamation, said it did not object to the withdrawal of lawyers but expressed concern that he was using the news “as an opportunity to fund-raise for his election fraud campaign.” The voting equipment firm noted that Mr. Lindell had already sent out a fund-raising email seeking $200,000 from supporters that invoked his lawyers’ motion.Since 2021, Mr. Lindell, the chief executive of the bedding company MyPillow and a Trump associate, has financed conferences, legal efforts and even his own digital media venture to further unproven or debunked conspiracy theories regarding the use of voting machines to steal the 2020 election.He has worked with state-level groups across the country, and continues to speak with activists on weekly conference calls. And he has used MyPillow advertising to support a range of conservative and right-wing media, including many outlets that amplify his claims.Mr. Lindell says he has directly spent as much as $60 million on his political endeavors.Days after Jan. 6, 2021, Mr. Lindell was photographed entering a brief meeting at the White House with Mr. Trump, carrying notes on which the phrase “martial law if necessary” was visible. That month, MyPillow lost brick-and-mortar distribution contracts with major big-box retailers. (The stores offered a variety of explanations unrelated to Mr. Lindell’s politics.) Last year, after Walmart pulled the company’s products from its stores, it recorded a loss of $7 million, according to Mr. Lindell. MyPillow is a private company, and these figures could not be independently verified.Property records show that one of the two residences he owns through a limited-liability corporation is under an Internal Revenue Service lien for $4.6 million in unpaid taxes from 2020. Mr. Lindell said the lien was related to an ongoing negotiation over a tax write-off for an investment in a pharmaceutical company.In April, an arbitration panel ordered Mr. Lindell to pay $5 million to a software engineer who took up Mr. Lindell’s challenge to debunk data he claims proves that the 2020 election was hacked. Mr. Lindell has refused to pay the engineer, Robert Zeidman, and both men have filed lawsuits over the matter.In August, Mr. Lindell said, American Express cut his line of credit to $100,000 from $1 million, effectively ending his ability to pay his lawyers in the defamation suits. The decision, he said, was an “absolute hit job” related to his political activities, though he said the company had not said as much.American Express did not comment on Mr. Lindell’s credit, but said in a statement that it “does not make customer decisions based on personal views or political affiliations. Our risk and underwriting models take into account a number of financial factors, including business inflows and outflows, and credit history.”On Thursday, Andrew Parker, a lawyer at the Minneapolis firm Parker Daniels Kibort who has represented Mr. Lindell in many of his recent legal battles, filed motions to withdraw from the defamation suits filed by Dominion Voting Systems, Smartmatic, and Eric Coomer, the former director of product strategy and security at Dominion.Mr. Parker did not respond to requests for comment. In court filings, he stated that Mr. Lindell started falling behind on payments early this year, and on Oct. 2, Mr. Lindell informed the firm that he and his company were “not able to get caught up or make any payment” on the “millions of dollars” owed to the firm.Dominion also sued Fox News on similar grounds, and this April it reached a $787.5 million settlement with the media company. Asked if he had considered settling his own suit, Mr. Lindell said, “Absolutely not.”It remains to be seen how Mr. Lindell’s finances will affect the broader election denial movement or the conservative news media, which he had helped finance on multiple fronts.In emails and interviews, several influential activists said that Mr. Lindell continued to be an important figure in the movement, though some noted that their financial support came from other backers. Other donors contributed about one-third the cost of a conference Mr. Lindell hosted in Missouri in August, Mr. Lindell and other participating activists said.MyPillow’s advertising and revenue-sharing agreements with conservative media have been a major source of support for right-wing figures, such as Stephen K. Bannon, the former Trump adviser who has a revenue-sharing agreement to promote MyPillow on his “War Room” podcast. Such promotions have increased slightly in the last year, according to the analytics companies iSpot.tv, which covers television advertising, and Magellan.ai, which covers podcasts.Mr. Bannon has been highlighting Mr. Lindell’s financial woes on his show, portraying Mr. Lindell as the victim of corporate and government overreach and imploring viewers to buy more pillows to support him, which boosts sales. He is planning to host his show from Mr. Lindell’s Minnesota factory in the coming weeks, he said.Susan Beachy More

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    I.R.S. Puts Lien on Giuliani’s Palm Beach Condo for $550,000 Tax Debt

    The action by federal tax officials is the latest sign of Rudolph W. Giuliani’s growing financial troubles.The I.R.S. has placed a lien on a Florida property owned by Rudolph W. Giuliani, the former New York City mayor and lawyer for Donald J. Trump, because he owes roughly $550,000 in income taxes, according to a court filing.The property, a lakeside condominium in Palm Beach, sits less than three miles from Mar-a-Lago, Mr. Trump’s private club and residence. Mr. Giuliani and his ex-wife had tried to sell it for $3.3 million in 2019, but never found a buyer, according to The Palm Beach Daily News.The existence of the court filing in Palm Beach County was first reported by The Daily Mail.The action by federal officials over Mr. Giuliani’s 2021 income taxes is the latest sign of his growing financial troubles. He is entangled in numerous legal battles and has been racking up bills for his defense in criminal investigations, private lawsuits and legal disciplinary proceedings stemming from his bid to keep Mr. Trump in office after the 2020 election.He faces a racketeering charge, among others, in Georgia for his role in that effort, as well as a defamation case brought by two election workers in the state. In July, Mr. Giuliani put his Upper East Side apartment in New York City up for sale for $6.5 million. His lawyer, Adam Katz, said at the time that his client was “close to broke.” At one point in August, Mr. Giuliani was said to owe nearly $3 million in legal expenses. Robert J. Costello, once a protégé of Mr. Giuliani, is suing him for unpaid legal fees. And last week Hunter Biden sued Mr. Giuliani for his role in spreading personal information about Mr. Biden.Mr. Giuliani has repeatedly asked Mr. Trump to pay him millions of dollars he believes he is owed for his role in the effort to keep Mr. Trump in office. After entreaties from people close to Mr. Giuliani for a financial lifeline, Mr. Trump hosted a $100,000-per-person fund-raiser at his club in Bedminster, N.J., last month to aid the former mayor.Kirsten Noyes More

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    Trump Seeks Dismissal of Federal Election Case, Claiming Immunity

    Donald Trump’s lawyers asked a judge to throw out charges that he conspired to overturn the 2020 election, arguing that a president could not be criminally prosecuted for official acts.Lawyers for former President Donald J. Trump asked a judge on Thursday to throw out a federal indictment accusing him of conspiring to overturn the 2020 election and claimed that because the charges relate to actions he took as president, he should be “absolutely immune from prosecution.”The request to dismiss the election interference indictment, which came in a 52-page briefing filed in Federal District Court in Washington, was breathtaking in its scope. It argued that Mr. Trump could not be held accountable in court for any actions he took as president, even after a grand jury had returned criminal charges against him.While the Justice Department has long maintained a policy that sitting presidents cannot be indicted, Mr. Trump’s bid to claim total immunity from prosecution was a remarkable attempt to extend the protections afforded to the presidency in his favor.His motion to dismiss was certain to result in a pitched legal battle with prosecutors in the office of the special counsel, Jack Smith, if only because the idea that a president cannot be prosecuted for actions undertaken in his official capacity as commander in chief has never before been tested.The motion, which will be considered by Judge Tanya S. Chutkan, was also the first — but likely not the last — attempt by Mr. Trump’s lawyers to attack the charges in the election interference case directly.Until now, the lawyers have largely waged a series of unsuccessful procedural battles, seeking, and failing, to push back the trial until 2026 and to disqualify Judge Chutkan.In his filing, John F. Lauro, a lawyer for Mr. Trump, immediately sought to reframe the core of Mr. Smith’s case. He argued that the former president’s repeated lies that widespread fraud had marred the vote count and other steps he took to subvert the normal course of the democratic process were, in fact, “efforts to ensure election integrity.”Those efforts, Mr. Lauro argued, were “at the heart of” Mr. Trump’s “official responsibilities as president” and so should not be subject to criminal charges.“Here, 234 years of unbroken historical practice — from 1789 until 2023 — provide compelling evidence that the power to indict a former president for his official acts does not exist,” Mr. Lauro wrote. “No prosecutor, whether state, local or federal, has this authority; and none has sought to exercise it until now.”Over and over in his motion, Mr. Lauro sought to flip the story told by the indictment and portray the various steps that Mr. Trump took to subvert the election as official acts designed to protect its integrity.John F. Lauro, a lawyer for Mr. Trump, argued that the charges in a federal indictment were related to Mr. Trump’s actions while president, which should be “absolutely immune from prosecution.”Jim Lo Scalzo/EPA, via ShutterstockThe indictment detailed, for example, how Mr. Trump tried to enlist the Justice Department in validating his claims of fraud. It set out evidence of his pressuring state lawmakers to draft false slates of electors saying he had won states he actually lost. And it documented how he waged a campaign to persuade his own vice president, Mike Pence, to unilaterally declare him the victor in the race during a certification at the Capitol on Jan. 6, 2021.But all of these actions, Mr. Lauro wrote, fell within the scope of Mr. Trump’s “official duties” as president and so were “immune from criminal prosecution.”Only a handful of precedents exist that could help guide Judge Chutkan in making a decision about such broad claims of immunity, and none are perfectly on point.In 1982, the Supreme Court ruled by a 5-to-4 margin that former President Richard M. Nixon was absolutely immune from a civil suit arising from his official actions. But while Mr. Lauro cited that case, Nixon v. Fitzgerald, extensively in his filing, the reasoning in its majority opinion did not address whether presidential actions could be prosecuted as crimes.Before he was appointed as Mr. Trump’s final attorney general, William P. Barr wrote an apparently unsolicited memo claiming that presidents could not be charged with crimes for abusing their official powers.The memo was ultimately given to the lawyers defending Mr. Trump in the investigation into Russian election interference led by the special counsel, Robert S. Mueller III. In it, Mr. Barr concluded that Mr. Mueller should not be permitted to investigate Mr. Trump for obstruction of justice.This summer, the Justice Department announced it would no longer argue that Mr. Trump’s derogatory statements about the writer E. Jean Carroll were made as part of his official duties as president. A few months earlier, Ms. Carroll had won $5 million in damages in a trial accusing Mr. Trump of sexual abuse and defamation over comments he made after he left the White House. She is now trying to push forward a separate lawsuit over comments that he made while president.Last month, a judge in Atlanta rejected an attempt by Mark Meadows, Mr. Trump’s former White House chief of staff, to move a case accusing him and others, including Mr. Trump, of tampering with the election in Georgia from state court to federal court.Mr. Meadows had also sought to claim immunity against the charges. But the judge overseeing the case ruled that the steps he took in helping Mr. Trump overturn the election were not part of his official White House duties, but were instead political efforts to help Mr. Trump get re-elected.Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School, said the key question facing Judge Chutkan would be whether to accept Mr. Trump’s attempt to reframe the accusations as presidential acts that were beyond the scope of prosecution.It was a shrewd legal gambit, Mr. Rozenshtein said, because it played off a legitimate presidential duty under the Constitution: to faithfully execute federal law.“He will lose,” Mr. Rozenshtein said. “But he is making the correct conceptual argument.” More

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    Turnover of Election Officials in Swing States Adds Strain for 2024, Report Says

    A tide of resignations and retirements by election officials in battleground states, who have increasingly faced threats, harassment and interference, could further strain the election system in 2024, a national voting rights group warned in a report released on Thursday.The group, the Voting Rights Lab, said that the departures of election officials in Arizona, Pennsylvania and other swing states had the potential to undermine the independence of those positions.The 28-page report reveals the scope of challenges to the election system and underscores the hostile climate facing election officials across the nation. Resignations have swept through election offices in Texas and Virginia, while Republicans in Wisconsin have voted to remove the state’s nonpartisan head of elections, sowing further distrust about voting integrity.In Pennsylvania, more than 50 top election officials at the county level have departed since the 2020 election, according to the report, which said that the loss of their expertise was particularly concerning.In Arizona, the top election officials in 13 of 15 counties left their posts during the same period, the report said. Some of the defections have taken place in counties where former President Donald J. Trump’s allies have sought to require the hand-counting of ballots and have spread misinformation about electronic voting equipment.“They are leaving primarily due to citing harassment and security concerns that are stemming from disproven conspiracy theories in the state,” said Liz Avore, a senior adviser for the Voting Rights Lab.The Justice Department has charged at least 14 people with trying to intimidate election officials since it created a task force in 2021 to focus on such threats, according to the agency. It has secured nine convictions, including two on Aug. 31 in Georgia and Arizona, both battleground states.“A functioning democracy requires that the public servants who administer our elections are able to do their jobs without fearing for their lives,” Attorney General Merrick B. Garland said in a statement at the time.Along with the departures, the Voting Rights Lab report examined a series of issues that it said could create obstacles for the 2024 election, including the approval of new rules in Georgia and North Carolina since 2020 that are likely to increase the number of voter eligibility challenges and stiffen identification requirements.In another area of concern for the group, it drew attention to the expiration of emergency rules for absentee voting in New Hampshire that were enacted during the pandemic.At the same time, some other battleground states have expanded voting access. Michigan will offer at least nine days of early voting in 2024, accept more forms of identification and allow voters to opt in to a permanent mail voting list, while Nevada made permanent the distribution of mail ballots to all voters, the report said. More

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    Trump Will Loom Over Lawyers’ Trial in Georgia This Fall

    Two lawyers who tried to help overturn the 2020 election results are facing trial this month, an early test of the Georgia case against the former president and 17 others.Within weeks, jury selection in Fulton County, Ga. will be underway. Cameras will be in the courtroom. And prosecutors will present their case alleging a sprawling conspiracy to overturn the 2020 election results in the state.But the star defendant — former President Donald J. Trump — won’t be there.Instead, the defendants in the first trial in the racketeering case against Mr. Trump and 18 of his allies, scheduled to begin on Oct. 23, will be two of the lawyers who tried to keep him in power after the election: Kenneth Chesebro and Sidney Powell, who were the only ones to seek speedy trials, as Georgia allows.The former president will loom over the courtroom, though, even if he is not in it. That has much to do with how racketeering cases work.“It is absolutely the trial of Donald Trump,” said Keith Adams, an Atlanta defense lawyer and former prosecutor. “Everyone else — they’re not extras, necessarily, but they’re bit characters.”Mr. Trump and the other defendants are moving more slowly, potentially going to trial in the second half of next year or even later, though Atlanta prosecutors have been seeking plea deals with some of the accused. Scott Hall, a Georgia bail bondsman, accepted a deal last week in which he pleaded guilty to five misdemeanors and was sentenced to five years of probation.A lawyer for another defendant, Michael Roman, a former Trump campaign staffer, told The Atlanta Journal-Constitution this week that he rejected a plea offer.The two heading to trial later this month — weeks after the start of a civil fraud trial against Mr. Trump in New York — could not be more different. Ms. Powell is a voluble Texan who spouted conspiracy theories and courted cameras after the 2020 election, promising to “release the kraken,” or a trove of evidence proving that Mr. Trump had won. Mr. Chesebro, a quiet Harvard Law graduate from Wisconsin, worked behind the scenes, devising the legal theory that drove the recruitment of bogus electors in swing states lost by Mr. Trump.Prosecutors will not focus solely on the accusations against the pair; rather, they will lay out what they have described in charging documents as a far-reaching “criminal organization” that committed computer theft and perjury, filed false documents, impersonated public officers and carried out other crimes, with the common goal of changing the election outcome to favor Mr. Trump.Mr. Adams, who is representing the rapper known as Young Thug in another high-profile racketeering case in Atlanta, said that by delving into the alleged misdeeds of Mr. Trump and other co-defendants, prosecutors would be making things harder for Mr. Chesebro and Ms. Powell.In a racketeering case, he said, “every defendant becomes responsible, and is drawn into the conspiracy, based not just on their own actions, but based upon the actions of other individuals who may or not be there in a courtroom with them.”Steven Sadow, a lawyer for former President Donald J. Trump, at the Atlanta airport on the day Mr. Trump was booked at the Fulton County Jail in August.Joe Raedle/Getty ImagesThe first trial may also provide clues as to how the former president will fare when his turn before a jury comes. And Mr. Trump’s Atlanta lawyer, Steven H. Sadow, will be watching closely.Mr. Sadow has been a regular presence at pretrial hearings for other defendants, observing from the back of the courtroom and occasionally cracking wise. During a recent hearing, Mr. Sadow, wearing ostrich-skin cowboy boots, remarked on lapel pins worn by the prosecution team and joked that perhaps the defense could fashion some pins bearing the widely distributed mug shot of the former president.The indictment describes various strands of a broad effort to keep Mr. Trump in power, including appeals the former president made to Georgia’s Republican leaders to help him “find” nearly 12,000 votes, or enough to overturn his defeat in the state. There were also efforts to harass rank-and-file election workers that Mr. Trump and his allies had accused of fraud, and efforts by a Trump ally at the Justice Department to advance false claims about the election.Mr. Chesebro and Ms. Powell each had a major role in other phases of the operation. Ms. Powell coordinated a successful effort by other Trump allies to infiltrate a rural Georgia county’s elections office, where they copied sensitive and proprietary software used in voting machines throughout the state in a fruitless hunt for ballot fraud.As Mr. Hall said in a recorded phone call, the team that visited the office in early January 2021 “scanned all the equipment, imaged all the hard drives and scanned every single ballot.” His plea deal is not good news for Ms. Powell, who has asserted in legal filings that she did nothing wrong because the group was invited into the office by the local elections administrator, Misty Hampton, who is also a defendant. “Nothing was done without authorization,” Ms. Powell’s lawyer, Brian T. Rafferty, wrote in a recent filing.But Brad Raffensperger, Georgia’s Republican secretary of state, subsequently replaced the voting machines and has referred to what took place as “the unauthorized access to the equipment that former Coffee County election officials allowed in violation of Georgia law.”Filings from Ms. Powell say that she did not “plan or organize” the data breach. But email traffic between Ms. Powell and SullivanStrickler, the company hired to help carry out the work, shows that she was kept informed of what was taking place. Her nonprofit, Defending the Republic, paid the company.“She is right in the thick of it,” said David D. Cross, a lawyer for a nonprofit group that is suing over perceived security vulnerabilities in Georgia’s voting system, adding, “she’s on emails with the SullivanStrickler firm in real time.”Scott Grubman, left, is representing Kenneth Chesebro in the election interference case.Miguel Martinez/Agence France-Presse — Getty ImagesMr. Chesebro was a key architect of the plan to deploy fake electors in swing states that Mr. Trump had lost. His lawyers have argued that his work was shielded by the First Amendment and that he “acted within his capacity as a lawyer” by offering his legal opinion to his client, the Trump campaign.Prosecutors have taken issue with the fact that the fake electors called themselves “duly elected and qualified” in documents they sent to Washington. By that time, Gov. Brian Kemp of Georgia had signed paperwork officially awarding the state’s 16 electoral votes to Joseph R. Biden Jr.Mr. Chesebro’s lawyers have said that in calling themselves “duly elected and qualified,” the Trump electors meant “qualified and elected by the Republican Party.”For Mr. Trump, this is just the beginning. He has also been indicted in a criminal case in Manhattan, on state charges stemming from hush money paid to a pornographic film actress. And he has been indicted in a pair of federal cases — one in Washington, related to his efforts to overturn the 2020 election nationally, and one in Florida, over his handling of sensitive government documents after leaving office.But the prosecutions in Atlanta will stand out for targeting not just the former president, but also many of his former advisers. And unlike in the other criminal trials, they will provide a televised window into the historic prosecutions of a former president and his associates.There is still a chance that the trial scheduled to start this month won’t take place — several defendants have sought to move the proceedings to federal court — or that the timing could shift. But the so-called removal efforts were dealt a blow when Judge Steve C. Jones of the Northern District of Georgia rejected an effort by Mark Meadows, Mr. Trump’s former White House chief of staff, to move his case. Mr. Meadows has appealed the decision.Mr. Adams said that in cases with many defendants and staggered trials, defense lawyers like him have the advantage of getting a preview, in the first trial, of the prosecution’s strategies.“I’m sitting in the back of the courtroom, I can see what’s presented, I can see what the witnesses have said, I can see what their arguments are,” he said. “I get to tailor my defense and my arguments for when we strike up trial No. 2.” More

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    Giuliani’s Drinking Has Trump Prosecutors’ Attention in Federal Election Case

    Rudolph W. Giuliani had always been hard to miss at the Grand Havana Room, a magnet for well-wishers and hangers-on at the Midtown cigar club that still treated him like the king of New York.In recent years, many close to him feared, he was becoming even harder to miss.For more than a decade, friends conceded grimly, Mr. Giuliani’s drinking had been a problem. And as he surged back to prominence during the presidency of Donald J. Trump, it was getting more difficult to hide it.On some nights when Mr. Giuliani was overserved, an associate discreetly signaled the rest of the club, tipping back his empty hand in a drinking motion, out of the former mayor’s line of sight, in case others preferred to keep their distance. Some allies, watching Mr. Giuliani down Scotch before leaving for Fox News interviews, would slip away to find a television, clenching through his rickety defenses of Mr. Trump.Even at less rollicking venues — a book party, a Sept. 11 anniversary dinner, an intimate gathering at Mr. Giuliani’s own apartment — his consistent, conspicuous intoxication often startled his company.“It’s no secret, nor do I do him any favors if I don’t mention that problem, because he has it,” said Andrew Stein, a former New York City Council president who has known Mr. Giuliani for decades. “It’s actually one of the saddest things I can think about in politics.”No one close to Mr. Giuliani, 79, has suggested that drinking could excuse or explain away his present legal and personal disrepair. He arrived for a mug shot in Georgia in August not over rowdy nightlife behavior or reckless cable interviews but for allegedly abusing the laws he defended aggressively as a federal prosecutor, subverting the democracy of a nation that once lionized him.Yet to almost anyone in proximity, friends say, Mr. Giuliani’s drinking has been the pulsing drumbeat punctuating his descent — not the cause of his reputational collapse but the ubiquitous evidence, well before Election Day in 2020, that something was not right with the former president’s most incautious lieutenant.Now, prosecutors in the federal election case against Mr. Trump have shown an interest in the drinking habits of Mr. Giuliani — and whether the former president ignored what his aides described as the plain inebriation of the former mayor referred to in court documents as “Co-Conspirator 1.”Their entwined legal peril has turned a matter long whispered about by former City Hall aides, White House advisers and political socialites into an investigative subplot in an unprecedented case.The office of the special counsel, Jack Smith, has questioned witnesses about Mr. Giuliani’s alcohol consumption as he was advising Mr. Trump, including on election night, according to a person familiar with the matter. Mr. Smith’s investigators have also asked about Mr. Trump’s level of awareness of his lawyer’s drinking as they worked to overturn the election and prevent Joseph R. Biden Jr. from being certified as the 2020 winner at almost any cost. (A spokesman for the special counsel declined to comment.)Mr. Giuliani was one of the most public faces of Mr. Trump’s effort to overturn the 2020 election. Erin Schaff/The New York TimesThe answers to those prompts could complicate any efforts by Mr. Trump’s team to lean on a so-called advice-of-counsel defense, a strategy that could portray him as a client merely taking professional cues from his lawyers. If such guidance came from someone whom Mr. Trump knew to be compromised by alcohol, especially when many others told Mr. Trump definitively that he had lost, his argument could weaken.In interviews and in testimony to Congress, several people at the White House on election night — the evening when Mr. Giuliani urged Mr. Trump to declare victory despite the results — have said that the former mayor appeared to be drunk, slurring and carrying an odor of alcohol.“The mayor was definitely intoxicated,” Jason Miller, a top Trump adviser and a veteran of Mr. Giuliani’s 2008 presidential campaign, told the congressional committee investigating the Jan. 6 attack on the Capitol in a deposition early last year. “But I do not know his level of intoxication when he spoke with the president.” (Mr. Giuliani furiously denied this account and condemned Mr. Miller, who had spoken glowingly of him in public, in vicious terms.)Privately, Mr. Trump, who has long described himself as a teetotaler, has spoken derisively about Mr. Giuliani’s drinking, according to a person familiar with his remarks. But Mr. Trump’s monologues to associates can betray a layered view of the former mayor, one that many Republicans share: He credits Mr. Giuliani with turning around New York City after the high-crime 1970s and 1980s and contends that it has suffered lately without him in charge. Then he returns to a lament about Mr. Giuliani’s image today.Mr. Trump does not dwell on his own role in that trajectory.In a statement that did not address specific accounts about Mr. Giuliani’s drinking or its potential relevance to prosecutors, Ted Goodman, a political adviser to the former mayor, praised Mr. Giuliani’s career and suggested he was being maligned because “he has the courage to defend an innocent man” in Mr. Trump.“I’m with the mayor on a regular basis for the past year, and the idea that he is an alcoholic is a flat-out lie,” Mr. Goodman said, adding that it had “become fashionable in certain circles to smear the mayor in an effort to stay in the good graces of New York’s so-called ‘high society’ and the Washington, D.C., cocktail circuit.”“The Rudy Giuliani you all see today,” Mr. Goodman continued, “is the same man who took down the mafia, cleaned up the streets of New York and comforted the nation following 9/11.”A spokesman for Mr. Trump did not respond to a request for comment.Many who know Mr. Giuliani best are careful to discuss his life, and especially his drinking, with considerable nuance. Most elements of today’s Mr. Giuliani were always there, they say, if less visible.Long before alcohol became a concern, Mr. Giuliani was prone to sweeping, unsubstantiated claims of election fraud. (“They stole that election from me,” he once said of his 1989 mayoral loss, alluding to supposed chicanery “in the Black parts of Brooklyn and in Washington Heights.”)Long before alcohol became a concern, he could be quick to lash out at enemies real or perceived. (“A small man in search of a balcony,” Jimmy Breslin once said of him.)In interviews with friends, associates and former aides, the consensus was that, more than wholly transforming Mr. Giuliani, his drinking had accelerated a change in his existing alchemy, amplifying qualities that had long burbled within him: conspiracism, gullibility, a weakness for grandeur.A lover of opera — with a suitably operatic sense of his own story — Mr. Giuliani has long invited supporters, as Mr. Trump has, to process his personal trials as their own, tugging the masses along through tumult, tragedy, public divorce.Yet there is a smallness to his world now, a narrowing to reflect his circumstances.In August, Mr. Giuliani was booked at the Fulton County jail in Atlanta after he was charged in a sprawling racketeering case against Mr. Trump and his allies. Brynn Anderson/Associated PressHe faces a racketeering charge (among others) in Georgia, a defamation case brought by two election workers and accusations of sexual misconduct from a former employee (he has said this was a consensual relationship) and a former White House aide (he has denied this account).One of his lawyers has said Mr. Giuliani is “close to broke.” Another, Robert Costello, once a protégé of the former mayor’s, is suing him for unpaid legal fees.Mr. Giuliani’s circle has shrunk as old friends have fallen away. His law license was suspended in New York. The Grand Havana Room closed in 2020.Most days, Mr. Giuliani hosts a radio show in Manhattan, stopping for sidewalk selfies with the occasional stranger.Most nights, he stays in for a livestream from the apartment he long shared with his third ex-wife, Judith Giuliani. It recently went up for sale.“Rudy loves opera,” said William J. Bratton, his first police commissioner, to whom Mr. Giuliani once gave a CD collection of “La Bohème” as a gift. “Few operas end in a happy place.”A crushing defeat and a growing concernMr. Giuliani recording his weekly radio show from his office at City Hall in May 2000.Ruby Washington/The New York TimesMr. Giuliani was always the kind of elected official who kept opposition researchers busy: romantic entanglements, personnel conflicts, a trail of incendiary remarks.But as he prepared for life after City Hall — mounting a short-lived Senate campaign in 2000 and harboring visions of the presidency — Democratic operatives say Mr. Giuliani’s drinking was one issue that never came up.There was a reason for that. As mayor, former aides said, Mr. Giuliani did not generally drink to excess and expected his team to follow his lead.Part of this seemed to flow from insecurity: Reared outside Manhattan in a family of modest means, Mr. Giuliani always took care to keep his wits about him, one senior city official said, because he did not want to lower his guard in view of New York’s elites.Another consideration was practical. Mr. Giuliani thrilled to the all-hours nature of the mayoralty, hustling toward scenes of emergency to project authority and control long before 9/11 showcased this instinct to the wider world, and he was vigilant about staying ready.No one doubts that the attack, and his ascendant profile, profoundly reshaped him. On Sept. 10, 2001, he was the polarizing lame duck who had antagonized artists, warred gratuitously with ferret owners and defended his police department through high-profile killings of unarmed Black men — including one episode in which Mr. Giuliani attacked the deceased and authorized the release of his arrest record.By midweek, he had become a global emblem of tenacious resolve, held up as the city’s essential man. (Mr. Giuliani quickly came to see himself this way, too: With the election to succeed him weeks away, he began pushing by late September to postpone the next mayor’s start date and remain in office for a few more months, even asking the Republican governor, George Pataki, to extend his term, according to Mr. Pataki. The idea had few takers and was abandoned.)Mr. Giuliani’s political standing rose after the terrorist attacks on Sept. 11, 2001. Last year, he faced criticism for calling that day “in some ways, you know, the greatest day of my life.”Robert F. Bukaty/Associated PressThe years that followed were a swirl of mourning and celebrity — wrenching remembrances, lucrative business ventures, an honorary British knighthood — a tension that Mr. Giuliani can still sound as if he is struggling to reconcile.He faced criticism last year for calling Sept. 11 “in some ways, you know, the greatest day of my life.” He has also seemed haunted by it, no matter what doors it opened: After a colonoscopy in 2018, he told people then, he was informed that he had been talking in his sleep as if he was establishing a command center at ground zero when the towers fell.Mr. Giuliani’s stewardship in crisis was supposed to hypercharge his long-planned presidential campaign, enshrining him as the early Republican front-runner in 2008. It did not.Instead, the earliest accounts of Mr. Giuliani’s excessive drinking date to this period of campaign failure. Though any political flop can sting, those who know Mr. Giuliani say that this one, his first loss in nearly two decades, was especially shattering.When his big electoral bet on Florida ended in humiliation, Mr. Giuliani fell into what Judith Giuliani later called a clinical depression. He stayed for weeks afterward at Mar-a-Lago, Mr. Trump’s club in Florida. The two were not especially close friends but had known each other for years through New York politics and real estate.During his presidential run in 2008, Mr. Giuliani bet heavily on a strong performance in Florida, but finished third and dropped out a day later. Chip Litherland for The New York TimesAround this time, Mr. Giuliani was drinking heavily, according to comments Ms. Giuliani made to Andrew Kirtzman, the author of “Giuliani: The Rise and Tragic Fall of America’s Mayor,” published last year.“Literally falling-down drunk,” Mr. Kirtzman said in an interview, noting that several incidents over the years, in Ms. Giuliani’s telling, required medical attention. Mr. Kirtzman said that he came to consider Mr. Giuliani’s drinking “part of the overall erosion of his self-discipline.” (Mr. Giuliani has said he spent a month “relaxing” at Mar-a-Lago. Ms. Giuliani declined through her lawyer to be interviewed.)Some who encountered Mr. Giuliani after the campaign were struck by how transparently he missed the attention he once commanded, how desperate he seemed to recapture what he had lost.George Arzt, a longtime aide to former Mayor Edward I. Koch, with whom Mr. Giuliani often clashed, recalled watching Mr. Giuliani wander on a loop through a restaurant in the Hamptons, as if waiting to be stopped by anyone, while the rest of his party dined in a back room.“He would walk back and forth like he wanted everyone to see him, more than once,” Mr. Arzt said. “He just wanted to be recognized.”People close to Mr. Giuliani particularly worried about him as his third marriage began to fray, growing unnerved at snapshots of his behavior even at nominally sanctified gatherings, like an annual dinner for close associates around Sept. 11.Mr. Giuliani and his wife at the time, Judith Giuliani, standing at right, in 2005. She has said he fell into a depression and drank heavily after his 2008 election loss.Bill Cunningham/The New York TimesIn almost any company, Mr. Giuliani seemed liable to make a scene. In May 2016, he derailed a major client dinner at the law firm he had recently joined with a fire hose of Islamophobic remarks while drunk, according to a book last year by Geoffrey S. Berman, who would later become the United States attorney in Manhattan.At the 9/11 anniversary dinner that year, a former aide remembered, Mr. Giuliani appeared intoxicated as he delivered remarks that were blisteringly partisan — and tonally jarring for guests, given the event being commemorated.The next year, a longtime attendee recalled, the traditional dinner was scrapped. Weeks before the anniversary, Mr. Giuliani had been rushed to the hospital with a leg injury.After drinking too much, Ms. Giuliani would say later, the former mayor had taken a fall.Recklessness, grievance and increased isolationMr. Giuliani and Mr. Trump in September 2020. The former mayor still praises the former president, and has appealed to him for financial help. Al Drago for The New York TimesWith a few days left in the Trump presidency — and the specter of a second impeachment trial looming after the Capitol riot — Mr. Giuliani was unambiguous.Short on allies and angling for another public showcase, the former mayor did not just want to represent Mr. Trump before the Senate: “I need to be his lawyer,” Mr. Giuliani told a confidant, according to a person with direct knowledge of the exchange.By then, much of Mr. Trump’s orbit was quite certain that this was a bad idea. Mr. Giuliani’s legal efforts since the election had roundly failed. He was the source of infighting, highlighted by an associate’s email to campaign officials asking that Mr. Giuliani be paid $20,000 a day for his work. (Mr. Giuliani has said he was unaware of the request.) He was also destined to be a potential witness.Mr. Giuliani’s foray into Ukrainian politics had already helped get Mr. Trump impeached the first time. And for years, some in the White House had viewed Mr. Giuliani’s indiscipline and unpredictability — his web of foreign business affairs, his mysterious travel companions and, often enough, his drinking — as a significant liability.Before some of Mr. Giuliani’s television appearances, allies of the president were known to share messages about the former mayor’s nightly condition as he imbibed at the Trump International Hotel in Washington, where Mr. Giuliani was such a regular that a custom plaque was placed at his table: “Rudolph W. Giuliani Private Office.” (“You could tell,” one Trump adviser said of the nights when Mr. Giuliani went on the air after drinking.)Mr. Giuliani has said he does not think he ever gave an interview while drunk. “I like Scotch,” he told NBC New York in 2021, adding: “I’m not an alcoholic. I’m a functioning — I probably function more effectively than 90 percent of the population.”At the Grand Havana in New York, some steered clear when Mr. Giuliani’s near-shouting conversations gave him away.“People would walk by after he started drinking a lot and act like he wasn’t there,” said the Rev. Al Sharpton, a longtime antagonist and a fellow member at the cigar club. (Mr. Sharpton said he did indulge in a running gag: He and others who opposed Mr. Trump sometimes playfully encouraged a server to double Mr. Giuliani’s liquor orders before he went on Fox.)But Mr. Sharpton attributed the former mayor’s troubles to a different vice, as many friends have privately.“When he started running after Trump, I said, ‘This guy’s addicted to cameras,’” Mr. Sharpton recalled, adding that Mr. Giuliani “had to know the negative sides of Donald Trump.” Before long, Mr. Sharpton observed, Mr. Giuliani was “running with guys that he would have put in jail when he was U.S. attorney.”Mr. Giuliani can seem wistful now about the days when he held such influence — and fanatical about settling old scores and destroying new adversaries, forever insisting that he is denied his due.Reflecting on the death last month of his second police commissioner, Howard Safir, Mr. Giuliani swerved suddenly during his livestream into Trump-style projection, using the occasion to smear Mr. Safir’s predecessor, Mr. Bratton, with whom Mr. Giuliani fell out.“Maybe Bratton going to Elaine’s every night and getting drunk actually helped,” Mr. Giuliani said. (“If the show wasn’t so sad, it would be hilarious,” Mr. Bratton said via text.)Other complaints from Mr. Giuliani have been more current. Fox News stopped inviting him on, he has groused repeatedly, even though he was working to highlight scandals surrounding Hunter Biden — and was vilified for it — well before they became a prime Republican talking point.A television clip of Mr. Giuliani was shown during a hearing last year by the House committee investigating the Capitol riot and the events surrounding it. Doug Mills/The New York TimesMr. Giuliani’s home was searched, and his devices were seized, by federal authorities in 2021 as part of an investigation that produced embarrassing headlines and, ultimately, no charges, further inflaming his sense of persecution.He can seem wounded that some past friends have drifted away.“He feels betrayed by some of the friends who used to be his friends,” said John Catsimatidis, the billionaire political fixture who owns the local station that carries Mr. Giuliani’s radio show. “How’d you like to have those friends as friends?”While Mr. Giuliani does not seem to place Mr. Trump in this category — still publicly fawning over a man to whom he has appealed for financial help — their relationship has endured some strain. On Mr. Trump’s final weekend in office, he excoriated Mr. Giuliani in a private meeting, according to a person briefed on it.Last month, Mr. Trump’s club in Bedminster, N.J., was the site of a fund-raiser for Mr. Giuliani’s legal defense.But days later, on the Sept. 11 anniversary, Mr. Trump did not say a public word about the New Yorker most associated with the tragedy.Mr. Giuliani focused his objections elsewhere, remarking often on his allotted location among dignitaries at the memorial. “They don’t put those of us who had anything to do with Sept. 11 too close,” he said.Appraising his own legacy later that week on his livestream, where he called himself New York’s most successful mayor in history, Mr. Giuliani still seemed consumed by his standing now in his city.He also sounded resigned.“This crooked Democratic city,” he said, “would never have a plaque for me.”Olivia Bensimon More