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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

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    Trump Won’t Be on Trial in Georgia Case This Fall, but His Presence Will Be Felt

    Two lawyers who tried to help overturn the 2020 election results are facing trial this month, an early test of the state racketeering 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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    Biden Has to Look Beyond Trump and His MAGA Millions

    Last week, President Biden gave a wide-ranging interview to John Harwood of ProPublica that touched on his presidency, the Republican Party and the present state and future status of American democracy.Early in the interview, Harwood asks Biden whether he thinks the threat to democracy is broader than the refusal of Donald Trump and his allies to accept election defeats:As you think about the threat to democracy, do you think about it specifically as the refusal to accept election defeats and peaceful transfer of power? Or does it more broadly encompass some of the longstanding features of democracy, like the Electoral College, the nature of the Senate, the gerrymandering process, that sometimes thwarts the will of the majority?In his answer, Biden more or less confirms that yes, when he speaks of the threat to democracy, he specifically means the threat coming from the MAGA wing of the Republican Party. For Biden, the Constitution and the Declaration of Independence are the “underpinnings of democracy.” The issue, for him, is that MAGA Republicans would try to overturn elections and “prevent the people’s voice” from being expressed, not to mention heard.Toward the end of the interview, Biden takes care to emphasize the extent to which he separates MAGA Republicans from the rest of the public. “I really do believe the vast majority of the American people are decent, honorable, straightforward,” the president says. The MAGA radicals, he adds, are “a minority of the minority.” Biden goes on to argue that this majority of decent Americans “needs to understand what the danger is if they don’t participate.”This last point is interesting. If the most radicalized and anti-democratic segment of the public is also a small and unrepresentative minority, then there’s no real reason to worry about its influence on electoral politics. Yes, it may elect a few similarly radical members of Congress — who at this moment are giving the Republican speaker of the House a terrible headache — and it may even be strong enough again to choose a major-party nominee. But if these voters are a distinct minority, that nominee will be easily defeated at the ballot box. That is, unless the institutions of our democracy amplify that minority’s influence — which they do.Biden might reject Harwood’s suggestion that the institutions of the American political system constitute a threat to American democracy as dire as the threat posed by Trump, but the only way to square the circle of a radical minority with democracy-destroying potential is to acknowledge the way our institutions work to empower the people who hope to overturn constitutional government altogether.One response is to say that this dynamic represents a distortion of our political institutions: It’s just that they’re not working properly! But that’s not right, is it?Whatever they were, the radical impulses that animated or shaped the most prominent and influential of the American revolutionaries were refracted through an inherited commitment to the received hierarchies of status that shaped their world. What’s more, the framers of the Constitution were pushed toward a mistrust and wariness of popular government as a result of the riots, rebellions and other forms of mass discontent that characterized American politics under the Articles of Confederation.For as much as we have changed and transformed our political institutions — to make them far more inclusive and responsive than they were at their inception — it is also clear that they retain the stamp of their heritage.Our counter-majoritarian institutions, for example, continue to place an incredibly higher barrier to efforts to reduce concentrations of wealth and promote greater economic equality. There is a real chance, for example, that the Supreme Court will deem a wealth tax constitutionally impermissible in its next term. And the United States Senate is a graveyard of attempts to expand federal aid and social insurance, the most recent of which was a child allowance that, while it was in effect, slashed child poverty by nearly half in 2021.But more immediate to Biden’s concerns about democracy is the fact, as I have discussed before, that the Trump crisis may never have materialized if not for specific institutions, like the Electoral College, that gave Trump the White House despite his defeat at the hands of most voters. And even with the Electoral College, Trump might not have won if our Supreme Court had not, in Shelby County v. Holder, invalidated the most aggressive and effective rule for the federal protection of voting rights since Reconstruction.Trump aside, various efforts to invalidate elections and create durable systems of minority rule in the states are possible only because of a constitutional structure that gives a considerable amount of power and sovereignty to sub-national units of political authority.Naturally, a U.S. president cannot publicly say that the system he presides over has serious flaws that undermine its integrity. But it does. And there is a good chance that if Trump becomes president a second time, it will be less because the voting public wants him and more because our institutions have essentially privileged his supporters with greater electoral power. If anyone is aware of this, it has to be Biden, who won the national popular vote by six million in 2020, but would have lost the election if not for a few tens of thousands of votes across a handful of so-called swing states.All of this is to say that assuming we meet the immediate challenge and keep Trump from winning next year, it will be worth it for Americans to start to think — out loud, in a collective and deliberate manner — about the kinds of structural reforms we might pursue to make our democracy more resilient or even to realize it more fully in the first place.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Clarence Thomas Recuses as Supreme Court Rejects Trump Lawyer’s Appeal

    John Eastman, a conservative lawyer who had advised President Donald J. Trump, had sought to wipe out a decision that he said had harmed his reputation and that of his client.Justice Clarence Thomas, in a break from his practices in earlier cases involving the 2020 election, recused himself on Monday when the Supreme Court turned down an appeal from an architect of a plan to subvert the 2020 election.As is its custom, the court gave no reasons for denying review in the appeal, which was filed by John Eastman, a conservative lawyer who had advised President Donald J. Trump. Justice Thomas, for whom Mr. Eastman had served as a law clerk, offered no explanation for his decision to disqualify himself from the case. The justice’s wife, Virginia Thomas, known as Ginni, had participated in efforts to overturn the election.Mr. Eastman’s petition was viewed as a long shot. It elicited no response from any other party, and Mr. Trump did not file a brief in the case.Justice Thomas took part in a ruling last year on an emergency application from Mr. Trump asking the court to block the release of White House records concerning the Capitol attack. The court rejected the request. Only Justice Thomas noted a dissent, giving no reasons.He also participated in the court’s consideration of whether to hear a related appeal. The Supreme Court refused to hear the case, without noted dissent. There was no indication that Justice Thomas had recused himself.In December 2020, Justice Thomas participated in a ruling on an audacious lawsuit by Texas asking the court to throw out the election results in four battleground states. The court rejected the request, with Justices Thomas and Samuel A. Alito Jr. issuing a brief statement suggesting the majority had acted too soon in shutting down the case.In the case the court rejected on Monday, Mr. Eastman had asked the justices to wipe out a lower-court ruling that allowed a now disbanded House committee to see emails that he said were protected by attorney-client privilege. A federal trial judge said the privilege did not apply, citing an exemption to it for crimes and fraud.The committee, which investigated the Jan. 6 attack on the Capitol, obtained and disclosed the contested emails.The case was thus in important ways moot, but Mr. Eastman said the rulings had damaged his reputation and that of Mr. Trump.“The crime-fraud ruling of the district court imposes a stigma not only on petitioner,” the petition said, “but also on his former client, the former president of the United States and current candidate for the presidency in 2024.”In a ruling last year in a lawsuit over whether the committee could obtain the emails, Judge David O. Carter ruled that it was more likely than not that the communications involved crimes, prompting the exception to the attorney-client privilege.“The illegality of the plan was obvious,” he wrote. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election.”The judge added, “Based on the evidence, the court finds it more likely than not that President Trump corruptly attempted to obstruct the joint session of Congress on Jan. 6, 2021.” More

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    One Reason the Trump Fever Won’t Break

    The more I consider the challenge posed by Christian nationalism, the more I think most observers and critics are paying too much attention to the wrong group of Christian nationalists. We mainly think of Christian nationalism as a theology or at least as a philosophy. In reality, the Christian nationalist movement that actually matters is rooted in emotion and ostensibly divine revelation, and it’s that emotional and spiritual movement that so stubbornly clings to Donald Trump.Three related stories illustrate the challenge.First, Katherine Stewart wrote a disturbing report for The New Republic about the latest iteration of the ReAwaken America Tour, a radical right-wing road show sponsored by Charisma News, a Pentecostal Christian publication. The tour has attracted national attention, including in The Times, and features a collection of the far right’s most notorious conspiracy theorists and Christian populists.The rhetoric at these events, which often attract crowds of thousands, is unhinged. There, as Stewart reported, you’ll hear a pastor named Mark Burns declare, “This is a God nation, this is a Jesus nation, and you will never take my God and my gun out of this nation.” You’ll also hear him say, “I have come ready to declare war on Satan and every race-baiting Democrat that tries to destroy our way of life here in the United States of America.” You’ll hear the right-wing radio host Stew Peters call for “Nuremberg Trials 2.0” and death for Anthony Fauci and Hunter Biden. The same speaker taunted the Fulton County, Ga., prosecutor Fani Willis by shouting: “Big Fani. Big fat Fani. Big fat Black Fani Willis.”Then there’s Thursday’s report in The Times describing how an anti-Trump conservative group with close ties to the Club for Growth is finding that virtually nothing is shaking Trump voters’ confidence in Trump. As the group wrote in a memo to donors, “Every traditional postproduction ad attacking President Trump either backfired or produced no impact on his ballot support and favorability.” Even video evidence of Trump making “liberal” or “stupid” comments failed to shake supporters’ faith in him.And finally, we cannot forget the astounding finding of a HarrisX poll for The Deseret News, showing that more Republicans see Donald Trump as a “person of faith” than see openly religious figures like Mitt Romney, Tim Scott and Mike Pence, Trump’s own (very evangelical) vice president, that way. It’s an utterly inexplicable result, until you understand the nature of the connection between so many Christian voters and Donald Trump.In the immediate aftermath of the Jan. 6 insurrection, there was a tremendous surge of interest in Christian nationalism. Christian displays were common in the crowd at the Capitol. Rioters and protesters carried Christian flags, Christian banners and Bibles. They prayed openly, and a Dispatch reporter in the crowd told me that in the late afternoon Christian worship music was blaring from loudspeakers. I started to hear questions I’d never heard before: What is Christian nationalism and how is it different from patriotism?I’ve long thought that the best single answer to that question comes from a church history professor at Baylor named Thomas Kidd. In the days before Jan. 6, when apocalyptic Christian rhetoric about the 2020 election was building to a fever pitch, Kidd distinguished between intellectual or theological Christian nationalism and emotional Christian nationalism.The intellectual definition is contentious. There are differences, for example, among Catholic integralism, which specifically seeks to “integrate” Catholic religious authority with the state; Protestant theonomy, which “believes that civil law should follow the example of Israel’s civil and judicial laws under the Mosaic covenant”; and Pentecostalism’s Seven Mountain Mandate, which seeks to place every key political and cultural institution in the United States under Christian control.But walk into Christian MAGA America and mention any one of those terms, and you’re likely to be greeted with a blank look. “Actual Christian nationalism,” Kidd argues, “is more a visceral reaction than a rationally chosen stance.” He’s right. Essays and books about philosophy and theology are important for determining the ultimate health of the church, but on the ground or in the pews? They’re much less important than emotion, prophecy and spiritualism.Arguments about the proper role of virtue in the public square, for example, or arguments over the proper balance between order and liberty, are helpless in the face of prophecies, like the declarations from Christian “apostles” that Donald Trump is God’s appointed leader, destined to save the nation from destruction. Sometimes there’s no need for a prophet to deliver the message. Instead, Christians will claim that the Holy Spirit spoke to them directly. As one longtime friend told me, “David, I was with you on opposing Trump until the Holy Spirit told me that God had appointed him to lead.”Several weeks ago, I wrote about the “rage and joy” of MAGA America. Outsiders see the rage and hatred directed at them and miss that a key part of Trump’s appeal is the joy and fellowship that Trump supporters feel with each other. But there’s one last element that cements that bond with Trump: faith, including a burning sense of certainty that by supporting him, they are instruments of God’s divine plan.For this reason, I’ve started answering questions about Christian nationalism by saying it’s not serious, but it’s very dangerous. It’s not a serious position to argue that this diverse, secularizing country will shed liberal democracy for Catholic or Protestant religious rule. But it’s exceedingly dangerous and destabilizing when millions of citizens believe that the fate of the church is bound up in the person they believe is the once and future president of the United States.That’s why the Trump fever won’t break. That’s why even the most biblically based arguments against Trump fall on deaf ears. That’s why the very act of Christian opposition to Trump is often seen as a grave betrayal of Christ himself. In 2024, this nation will wrestle with Christian nationalism once again, but it won’t be the nationalism of ideas. It will be a nationalism rooted more in emotion and mysticism than theology. The fever may not break until the “prophecies” change, and that is a factor that is entirely out of our control.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Arnold Schwarzenegger Is Here to Pump You Up (Emotionally)

    Arnold Schwarzenegger has been a part of the American landscape for so long that the improbability of his story is all too easy to take for granted: An immigrant bodybuilder from Austria with a long and unwieldy name, a heavy accent and a physical appearance unlike that of any other major movie star became one […] More

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    Trump Will Not Seek to Move Georgia Election Case to Federal Court

    His decision comes after Mark Meadows, his former chief of staff, tried unsuccessfully to move his own case from state to federal court.Former President Donald J. Trump will not seek to move the criminal racketeering case against him in Atlanta to federal court, according to a legal filing from his lawyer on Thursday.Mr. Trump was indicted by a grand jury in August, along with 18 of his advisers and allies, after a two-and-a-half year investigation into election interference by the Fulton County district attorney, Fani T. Willis. Keeping the case in state court means that any trial for Mr. Trump would be televised, unlike in federal court.“This decision is based on his well-founded confidence that this honorable court intends to fully and completely protect his constitutional right to a fair trial,” Mr. Trump’s lawyer, Steven H. Sadow, wrote in the filing, referring to Fulton County Superior Court, “and guarantee him due process of law throughout the prosecution of his case.”The move comes a few weeks after a federal judge rejected an effort by Mark Meadows, Mr. Trump’s former White House chief of staff, to move his own case to federal court. That decision has been appealed, but it dimmed the chances for successful removal efforts by other defendants, including Jeffrey Clark, a former Justice Department official, and three Georgia Republicans who submitted bogus Electoral College votes for the former president in December 2020.Removal is a longstanding practice meant to protect federal officials from state-level prosecution that could impede them from conducting federal business. It is rooted in the Supremacy Clause of the U.S. Constitution, which makes federal law “supreme” over contrary state laws.But Judge Steve C. Jones of the Northern District of Georgia decided this month that the actions ascribed to Mr. Meadows in the indictment were not within the scope of his federal duties as White House chief of staff. The evidence, he ruled, “establishes that the actions at the heart of the state’s charges against Meadows were taken on behalf of the Trump campaign with an ultimate goal of affecting state election activities and procedures.”Removal to federal court would have provided some advantages for Mr. Trump, including a jury pool somewhat more favorable to him. But he would have faced the same state felony charges.In the Georgia case, all 19 defendants are facing a racketeering charge for their role in what prosecutors have described as a “criminal organization” that sought to overturn Mr. Trump’s 2020 election loss in the state. Each defendant also faces at least one other charge; Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, face the most — 13 each.If Mr. Trump ends up going to trial in Fulton County Superior Court, as now seems increasingly likely, the presiding judge will be Scott McAfee, who was recently appointed to the bench.While attending law school at the University of Georgia, Mr. McAfee was a vice president of the school’s chapter of the conservative Federalist Society. He later worked for the Fulton County District Attorney’s Office, where his supervisor was Ms. Willis.Thus far, Judge McAfee has been moving the court proceedings along briskly, but he has not had the opportunity to make many substantive rulings.When Mr. Trump will actually face trial remains uncertain. Two of the lawyers who worked to keep him in power, Sidney Powell and Kenneth Chesebro, are set to go to trial on Oct. 23. The two defendants had requested an early trial date, which is their right under Georgia law, though both have been filing a flurry of motions over the last few weeks to dismiss the case, or parts of it.Another lawyer who faces charges, John Eastman, said in a filing on Thursday that he might still invoke his right to a speedy trial. Those not seeking the option may not face trial until the second half of next year, or even later. More