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      Armories, Hotels, Offices: Where New York Could House Migrants

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      There are no easy answers for officials trying to find shelter beds, but “everything is on the table,” a deputy mayor said.Good morning. It’s Thursday. We’ll see whether there’s really no space available for migrants as New York City’s shelter crisis continues. We’ll also look at Rudolph Giuliani, former prosecutor, former mayor and now Co-Conspirator 1.Jeenah Moon for The New York Times“There is no more room,” Mayor Eric Adams declared this week as City Hall struggled to find space for thousands of migrants from the southern border — nearly 100,000 in the last year. Just last week, some 2,300 new migrants arrived.Is the city really full? If not, where could asylum seekers go?The answers from a handful of people with different perspectives — advocates for homeless people, hotel experts and a real estate appraiser — added up to this: There are no easy answers.“It’s not that there’s no spaces, it’s that the spaces we have are encumbered by bureaucratic barriers that make it time-consuming and difficult to get people into them,” said Catherine Trapani, the executive director of Homeless Services United, a coalition of nonprofit agencies that serve homeless and at-risk adults.Joshua Goldfein, a lawyer with the Legal Aid Society, said “there’s full and there’s full” as he suggested that there were places where the city could set up cots, as it does in weather emergencies: drill floors in armories, cafeterias in shelters, school gyms.But these are “places they couldn’t use on an ongoing basis,” Goldfein said before suggesting opening empty storefronts to house people. “If you just brought people inside, gave them a place that is not exposed to the weather,” he said, “that would be better.”New York has opened 194 sites to house newcomers, including hotel ballrooms, former jails and an airport warehouse. The plan is to open a tent city in the parking lot of a psychiatric center in Queens soon, and Anne Williams-Isom, the deputy mayor for health and human services, said on Wednesday that “everything is on the table” in the hunt for more space.The city has a legal requirement to provide shelter for anyone who wants it, and the city had been looking for space long before Mayor Adams put out what amounted to a “no vacancy” sign last month, when he discouraged asylum seekers from heading to New York. The Times reported in May that city officials had approached large-scale landlords and even the Port Authority of New York and New Jersey about finding spaces that could house migrants.City Hall also looked at its own holdings: The mayor’s chief of staff told agency heads by email to list “any properties or spaces in your portfolio that may be available to be repurposed to house asylum seekers as temporary shelter spaces.”On Wednesday, Williams-Isom appeared to play down the idea of setting up tents in Central Park, saying that plan had been leaked months ago and that there were “all kinds of sites that we have to look at, similar to when we went through the Covid emergency.” She said the city had “reviewed” more than 3,000 sites.When she was asked if the city was looking to house migrants at the Javits Center, she said she would not answer “hypothetical questions.” What about hotels beyond those that already house homeless people?Vijay Dandapani — the president and chief executive of the Hotel Association of New York City, a trade group — said that “there is potentially space,” but the calendar works against filling it with migrants. September is usually a busy month for hotels in New York, what with the United Nations General Assembly and the U.S. Open, 13 days of tennis ending on Sept. 10. “Then, from September all the way to the middle of December, the city is busy,” Dandapani said. “Assuming the crisis is still as extensive as it is today, it would be January before somebody decides to put their toes in this water.”Sean Hennessey, a hotel consultant and an associate professor at New York University, said some hotels might switch to housing asylum seekers because doing so can be “relatively favorable” for hotels. They do not have to staff ancillary services like meeting rooms that “are usually a break-even proposition or worse,” he said.He said the city might also be able to work out deals with hotels now under construction, an option that could make hundreds if not thousands of rooms available — but probably not immediately.Office conversions are also a long shot, said the appraiser Jonathan Miller, even though thousands of square feet of office space are vacant. The cost of remodeling made converting “a nonstarter for most developers.” Higher interest rates have only made the expense even “more problematic.”“In the short term, this seems impossible,” he said. But as leases signed before the pandemic come up for renewal and tenants assess their space needs in a world with continuing remote work, “I think there’s going to be a lot of distressed commercial office space.” The eventual result: Corner offices could become living rooms and break rooms could become kitchens.WeatherEnjoy a mostly sunny day near the low 80s. Expect a chance of showers and thunderstorm in the evening, with temps around 70.ALTERNATE-SIDE PARKINGIn effect until Aug. 15 (Feast of the Assumption).The latest Metro newsMatt Burkhartt for The New York TimesReading crisis in schools: Across the nation, state leaders are taking steps to improve reading instruction for struggling students. But in New York, concern has grown: Is too little being done?Fatal fire: A discarded cigarette may have ignited an accidental fire that killed four people, including a 4-month-old, at a New Jersey home, according to the Ocean County prosecutor’s office.Accused bishop marries: A retired Roman Catholic bishop in upstate New York who is a defendant in several sexual misconduct lawsuits said that he had recently married a woman after the Vatican denied his request to leave the clergy.The union leader from Flushing: Fran Drescher, president of the union representing more than 150,000 television and movie actors, addressed the actors’ strike in remarks to the New York City Council.Frontline workers’ commutes: If you have never had the option to work from home because your job must be done in person, tell us how your commute has shifted over the past three years.Love letter to hip-hop: Rap music, at its core, has been a 50-year love affair with the English language. To celebrate hip-hop’s birthday, we asked Mahogany L. Browne, Lincoln Center’s first poet-in-residence and an acclaimed author, to write a love letter to the genre.Prosecutor, mayor and now Co-Conspirator 1Patrick Semansky/Associated PressRudolph Giuliani’s name is nowhere in the indictment accusing former President Donald Trump of plotting to overturn the 2020 election. But Giuliani — a former federal prosecutor, former Justice Department official, former mayor and former lawyer for Trump — appeared to be the person referred to in the indictment as Co-Conspirator 1. Giuliani’s own lawyer acknowledged it.Giuliani figures in the three conspiracies the indictment says took place, leaving open the possibility that he could be charged later. So, as my colleague Jonah E. Bromwich writes, Giuliani, who made his name as a lawman, now faces a reckoning with the law.Giuliani’s relationship with Trump hangs in the balance. A person close to Trump who spoke confidentially to describe a private relationship said that they don’t speak regularly, but the former president retains a fondness that goes back to Giuliani’s time in City Hall, when they dealt with each other often.Their relationship has appeared strained in the last couple of years. Trump told advisers in 2021 that he did not want Giuliani paid for his efforts on Trump’s behalf after the 2020 election. This year, filings suggest, Trump’s super PAC paid $340,000 to a legal vendor working on Giuliani’s behalf. The $340,000 payment was made weeks before Giuliani met voluntarily with lawyers from the office of Jack Smith, the special counsel overseeing the investigations of Trump.METROPOLITAN diaryWaiting aroundDear Diary:Life is slow these days. I check my lobby for packages scheduled to arrive, even though UPS sends me alerts and delivers to my door.Today, hearing a distant buzzer, I went down just in case. No package, but a woman carrying groceries was waiting outside. The latch stuck as I opened the door.“Buzzer not working?” she asked.“It worked earlier today,” I said.We stepped over to the elevator. Inside was my next-door neighbor, an older woman named Oneida. She had come down to meet her helper. She lit up when she saw us.She sometimes pops into the hall in her robe and slippers if I’m singing outside my door. She blows me kisses, and I usually get a hug.Minutes later, I was back upstairs when my doorbell rang. I sprang up to get my package. At the door was Oneida, smiling and holding an origami box I had made for her.I motioned for her to lift the lid. Then I blew a kiss into the box with both hands and motioned for her to close it. She hugged me as we parted.— Paul KlenkIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you tomorrow. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Melissa Guerrero and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nytimes.com.Sign up here to get this newsletter in your inbox. More

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      It’s No Surprise That Donald Trump Is Being Charged Under a Reconstruction-Era Law

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      Of the four charges included in the latest federal indictment of Donald Trump, one — violating Section 241 of Title 18 of the United States Code — seemed to surprise many. It shouldn’t have.That statute dates back to Reconstruction, as Congress responded to the Confederacy’s white-power insurrection against the United States. Reconstruction sought not only to restore the Union after the Civil War, but also to build guardrails against such an authoritarian faction ever again being able to subvert the Republic.It’s therefore appropriate that Section 241 and other Reconstruction-era laws are precisely those that the American legal system is turning to in response to a former president who stoked the flames of an insurrection in which a violent mob stormed the Capitol in an effort to undermine the democratic process. One of the rioters, later sentenced to three years in prison, carried a Confederate flag into the Capitol, an indelible image captured in photographs and widely circulated.Congress enacted Section 241 as part of the Civil Rights Act of 1870 (also known as the Enforcement Act for its role in enforcing the terms of the 13th, 14th and 15th Amendments, crucial to providing Black people with the rights and protections of citizenship). The law addressed the rise of white supremacist groups after the Civil War, especially the Ku Klux Klan, which organized citizens and public officials to intimidate freed Black people to suppress their participation in the political process. It empowered federal agents to stop these conspirators from depriving any Americans, in particular Black Americans, of the right to have a say in their government.The Justice Department has charged Mr. Trump with doing exactly that: the government asserts in its detailed 45-page indictment that through his attempts “to overturn the legitimate results of the 2020 presidential election,” Mr. Trump conspired to “injure, oppress, threaten and intimidate” voters in exercising their “right to vote, and to have one’s vote counted.”Bringing civil rights charges against the former president is not overreach by the Justice Department, as some have suggested. By enforcing the Civil Rights Act of 1870, the department is doing the very thing the law was designed to do by prosecuting a political leader who, while in office and after, sought to cancel the votes of millions to hold power.In 1871, with Klan violence continuing, Congress passed two more bills to enforce the 13th, 14th and 15th Amendments, known as the Ku Klux Klan acts. Among other things, these laws empowered citizens to sue anyone who conspired to intimidate or retaliate against them for exercising their political rights.Armed with these laws, the Justice Department oversaw the arrest and conviction of hundreds of Klansmen, and by 1873 the group had been effectively (though temporarily) crushed. While Section 241 has regularly been used ever since to police civil rights violations, with the end of Reconstruction in 1877, Klan Act litigation brought by private parties declined precipitously, according to our research, until in recent years.In July 2017, our organization, Protect Democracy, filed a Klan Act lawsuit against the 2016 Trump campaign over what we asserted was its role in Russian efforts to compromise the political rights of Americans. While that suit did not succeed, it was the beginning of a spate of private Klan Act litigation unseen in more than 100 years.Several lawsuits have been filed by our group and others. Among the results: A restraining order was issued against armed groups that surrounded ballot drop boxes in ways that intimidated voters; the Proud Boys were ordered to pay more than $1 million in damages for desecrating the property of a Black church; and a jury ordered 17 white nationalist leaders and organizations to pay more than $26 million in damages to nine people who suffered physical or emotional injuries at the Charlottesville Unite the Right rally in 2017. Still pending are lawsuits seeking damages against those responsible for Jan. 6, against those who organized a car caravan that threatened to drive a campaign bus off the highway and against Mr. Trump and others for seeking to deprive Black voters from having their votes counted in the 2020 election.Other Reconstruction-era laws are also in the center of debates today. Congress recently reformed the Electoral Count Act, passed in response to the contested presidential election of 1876, after Mr. Trump and his allies sought to use the law’s ambiguities to overturn the 2020 election. The former president has also pledged, if re-elected, to abolish the 14th Amendment’s guarantee of birthright citizenship. That guarantee was ratified in 1868 to reverse the Supreme Court’s Dred Scott decision holding that African Americans were not citizens.Yet another 14th Amendment provision, Section 3’s prohibition on those who have engaged in insurrection against the United States from holding power again, was recently applied for the first time since Reconstruction to bar from office a New Mexico county commissioner who breached the barricades outside the Capitol on Jan. 6. And recently, our organization filed a voting rights lawsuit under the 1870 law that readmitted Virginia to the Union. The Virginia Readmission Act limited the circumstances in which the state could disenfranchise its citizens, and our lawsuit argues that the state’s lifetime ban on voting by anyone convicted of any felony violates that law.These battles are the newest iterations of the Reconstruction-era clashes. Just as the integration of freed Black people into our democracy in the 1870s was met with fierce resistance, so too did the election of the nation’s first Black president give rise to a revival of open bigotry. And just as the enactment of laws in the 1870s to enforce equal citizenship were met with intransigence, so too today should we expect to see their enforcement resisted.The outcome of these legal clashes will determine the future of the country’s experiment in self-government. Either these laws will finally be fully realized and usher in a true multiracial democracy or the 150-year resistance to Reconstruction will prevail and white Americans reluctant to share power will reinforce their dominance over a diversifying nation. Authoritarianism rather than democracy would then be the order of the day.Ian Bassin is a co-founder and the executive director of the group Protect Democracy and a former associate White House counsel. Kristy Parker is counsel at Protect Democracy and the former deputy chief of the criminal section of the Justice Department’s Civil Rights Division.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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      Trump Election Charges Set Up Clash of Lies Versus Free Speech

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      The indictment of former President Donald J. Trump over his efforts to retain power accuses him of conspiracies built on knowing falsehoods. His supporters say he is protected by the First Amendment.Running through the indictment charging former President Donald J. Trump with conspiring to overturn the 2020 election was a consistent theme: He is an inveterate and knowing liar.The indictment laid out how, in the two months after Election Day, Mr. Trump “spread lies” about widespread election fraud even though he “knew that they were false.”Mr. Trump “deliberately disregarded the truth” and relentlessly disseminated them anyway at a “prolific” pace, the indictment continued, “to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.”Of course, Mr. Trump has never been known for fealty to truth.Throughout his careers in business and politics, he has sought to bend reality to his own needs, with lies ranging from relatively small ones, like claiming he was of Swedish and not German descent when trying to rent to Jewish tenants in New York City, to proclaiming that President Barack Obama was not born in the United States.If you repeat something enough, he has told confidants over time, people will believe it.By and large, this trait has served him well, helping him bluster and bluff his way through bankruptcies and then to the White House and through crises once he was there: personal scandals, two impeachments and a special counsel’s investigation when he was in office.But now he is being held to account in a way he never has been before for what a new special counsel, Jack Smith, is asserting was a campaign of falsehoods that undermined the foundations of democracy.Already, Mr. Trump’s lawyers and allies are setting out the early stages of a legal strategy to counter the accusations, saying that Mr. Trump’s First Amendment rights are under attack. They say Mr. Trump had every right to express views about election fraud that they say he believed, and still believes, to be true, and that the actions he took or proposed after the election were based on legal advice.Jack Smith, the special counsel, announced an indictment of former President Donald J. Trump in Washington on Tuesday.Doug Mills/The New York TimesThe indictment and his initial response set up a showdown between those two opposing assertions of principle: that what prosecutors in this case called “pervasive and destabilizing lies” from the highest office in the land can be integral to criminal plans, and that political speech enjoys broad protections, especially when conveying what Mr. Trump’s allies say are sincerely held beliefs.While a judge and jury will ultimately decide how much weight to give each, Mr. Trump and his allies were already on the offensive after the indictment.“So the First Amendment protects President Trump in this way: After 2020, he saw all these irregularities, he got affidavits from around the country, sworn testimony, he saw the rules being changed in the middle of the election process — as a president, he’s entitled to speak on those issues,” Mr. Trump’s defense lawyer in the case, John Lauro, said on Wednesday in an interview on CBS.”What the government would have to prove in this case, beyond a reasonable doubt, is that speech is not protected by the First Amendment, and they’ll never be able to do that,” he said.Representative Elise Stefanik of New York, the No. 3 Republican in the House, said in a statement that Mr. Trump had “every right under the First Amendment to correctly raise concerns about election integrity in 2020.”Representative Gary Palmer of Alabama, the chairman of the Republican Policy Committee, called the indictment a “criminalization of disinformation and misinformation, which raises serious concerns about the public’s right to speak openly in opposition to policies they oppose.”Legal experts were skeptical about the strength of those claims as a defense. They pointed out that the indictment said on its second page that all Americans had the right to say what they wanted about the election — even if it was false. But, the indictment asserts, it is illegal to use those false claims to engage in criminal conduct, the experts said.An individual’s free-speech rights essentially end as soon as those words become evidence of criminality, they said. In the case of the indictment against Mr. Trump, the prosecutors argue that Mr. Trump used his statements to persuade others to engage in criminal conduct with him, like signing fake slates of electors or pressuring Vice President Mike Pence to block or delay Electoral College certification of President Biden’s victory.According to the indictment, Mr. Trump “knowingly” used “false claims of election fraud” to try to “convince the vice president to accept the defendant’s fraudulent electors, reject legitimate electoral votes or send legitimate electoral votes to state legislatures for review rather than counting them.”The indictment goes on to say that when those efforts failed, Mr. Trump turned to using the crowd at the rally on the Ellipse “to pressure the vice president to fraudulently alter the election results.”Samuel W. Buell, a professor of law at Duke University and a lead federal prosecutor in the Justice Department’s prosecution of Enron, said that it “won’t work legally but it will have some appeal politically, which is why he is pushing it.”“There is no First Amendment privilege to commit crimes just because you did it by speaking,” Mr. Buell said.Referring to both public and private remarks, Mr. Buell said that “there is no First Amendment privilege for giving directions or suggestions to other people to engage in illegal acts.”Referring to the fictional television mafia boss Tony Soprano, Mr. Buell added, “Tony Soprano can’t invoke the First Amendment for telling his crew he wants someone whacked.”For decades, Mr. Trump’s penchant for falsehoods and exaggerations was well known in New York City. He was so distrusted by Mayor Ed Koch in the 1980s that one of the mayor’s deputies, Alair Townsend, famously quipped, “I wouldn’t believe Donald Trump if his tongue were notarized.”Mr. Trump spoke with journalists by phone while pretending to be a spokesman representing himself, in order to leak information about his business or his personal life. He claimed to have dated women who denied being involved with him. He claimed that he lived on the 66th through 68th floors of Trump Tower, which in fact has only 58 floors.Reaching the presidency did not lead to a change in his habits. The Washington Post’s fact checker identified more than 30,000 false or misleading claims from him over his four years in office, a figure equivalent to 21 a day.Mr. Trump has already tried to invoke the First Amendment in civil cases related to the attacks on the Capitol on Jan. 6, 2021. In February 2022, a federal judge in Washington ruled that lawsuits related to whether he incited the crowd that stormed the Capitol could proceed, in part because the First Amendment did not protect the speech he gave on the Ellipse before the riot.“Only in the most extraordinary circumstances could a court not recognize that the First Amendment protects a president’s speech,” Judge Amit P. Mehta of the Federal District Court in Washington ruled. “But the court believes this is that case. Even presidents cannot avoid liability for speech that falls outside the expansive reach of the First Amendment. The court finds that in this one-of-a-kind case the First Amendment does not shield the president from liability.”The experts and defense lawyers who read the indictment against Mr. Trump said that claiming that he was relying on the advice of lawyers was likely to provide Mr. Trump with a stronger defense than if he invoked the First Amendment.In the interview on CBS, Mr. Lauro leaned into that argument, saying that Mr. Trump had a “smoking gun of innocence” in a memo that the conservative legal scholar John Eastman wrote for him. The memo said Mr. Trump could ask Mr. Pence to pause the congressional certification of the election. Mr. Eastman was not a White House lawyer at the time.“John Eastman, who is an eminent scholar, gave the president an option — several options,” Mr. Lauro said.Alan Feuer More

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      Trump Indictment Leaves Alleged Co-Conspirators Facing Tough Choices

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      The special counsel’s decision not to charge six people said to have played critical roles in the effort to keep Donald Trump in office seemed to give them a chance to cooperate with prosecutors. Some appear to be unwilling.By the time Jack Smith, the special counsel, was brought in to oversee the investigation of former President Donald J. Trump’s attempts to overturn the 2020 election, the inquiry had already focused for months on a group of lawyers close to Mr. Trump.Many showed up as subjects of interest in a seemingly unending flurry of subpoenas issued by a grand jury sitting in the case. Some were household names, others less familiar. Among them were Rudolph W. Giuliani, John Eastman, Jeffrey Clark, Kenneth Chesebro and Sidney Powell.On Tuesday, most of these same lawyers showed up again — albeit unnamed — as Mr. Trump’s co-conspirators in a federal indictment accusing him of a wide-ranging plot to remain in office despite having lost the election.The appearance of the lawyers at the center of the case suggests how important prosecutors judged them to be to the conspiracy to execute what one federal judge who considered some of the evidence called “a coup in search of a legal theory.”The lawyers’ placement at the heart of the plot while remaining uncharged — for now — raised questions about why Mr. Smith chose to bring the indictment with Mr. Trump as the sole defendant.In complex conspiracy cases, prosecutors often choose to work from the bottom up, charging subordinates with crimes to put pressure on them to cooperate against their superiors. It remains unclear precisely what Mr. Smith may be seeking to accomplish by flipping that script.Some legal experts theorized on Wednesday that by indicting Mr. Trump alone, Mr. Smith might be seeking to streamline and expedite the case ahead of the 2024 election. If the co-conspirators were indicted, that would almost certainly slow down the process, potentially with the other defendants filing motions and seeking to splinter their cases from Mr. Trump’s.“I think it’s a clean indictment to just have Donald Trump as the sole defendant,” said Soumya Dayananda, a former federal prosecutor who served as a senior investigator for the House Jan. 6 committee. “I think it makes it easier to just tell the story of what his corrupt activity was.”Another explanation could be that by indicting Mr. Trump — and leaving open the threat of other charges — Mr. Smith was delivering a message: cooperate against Mr. Trump, or end up indicted like him. By not charging them for now, Mr. Smith could be giving the co-conspirators an incentive to reach a deal with investigators and provide information about the former president.While the threat of prosecution could loom indefinitely, it is possible that the judge overseeing the case might soon ask Mr. Smith’s team to disclose whether it plans to issue a new indictment with additional defendants. And some legal experts expect additional charges to come.“It’s clearly a strategic decision not to charge them so far, because it’s out of the ordinary,” said Joyce Vance, a former U.S. attorney who is now a University of Alabama law professor. “I don’t see an advantage to giving people this culpable a pass.”That said, at least one of the co-conspirators — Mr. Giuliani — and another possible co-conspirator — Boris Epshteyn, a lawyer and strategic adviser close to Mr. Trump — have already sat with prosecutors for extended voluntary interviews. To arrange for such interviews, prosecutors typically consent not to use any statements made during the interview in future criminal proceedings against them unless the subject is determined to have been lying.Boris Epshteyn has sat with prosecutors for an extended voluntary interview.Jim Lo Scalzo/EPA, via ShutterstockBut those protections do not prevent Mr. Smith from charging anyone who sat for an interview. He still has the option of filing charges against any or all of the co-conspirators at more or less any time he chooses.He used that tactic in a separate case against Mr. Trump related to the former president’s mishandling of classified documents, issuing a superseding indictment last week that accused a new defendant — the property manager of Mr. Trump’s private club and residence in Florida — of being part of a conspiracy to obstruct the government’s attempts to retrieve the sensitive materials.Some of the lawyers named as Mr. Trump’s co-conspirators in the indictment filed on Tuesday have effectively acknowledged to being named in the case through their lawyers.In a statement issued Tuesday night, Robert J. Costello, a lawyer for Mr. Giuliani, said it “appears” as if the former New York City mayor were Co-Conspirator 1. The statement also leveled a blistering attack on the indictment — and a defense of Mr. Trump — suggesting that Mr. Giuliani was an unlikely candidate for cooperating against the former president.“Every fact that Mayor Giuliani possesses about this case establishes the good-faith basis President Donald Trump had for the action that he took,” Mr. Costello said.Not long after, Charles Burnham, a lawyer for Mr. Eastman, implicitly admitted his client’s role as Co-Conspirator 2 by issuing a statement “regarding United States v. Donald J. Trump indictment” in which he insisted Mr. Eastman was not “involved in plea bargaining.”John Eastman after a hearing in Los Angeles. His lawyer implicitly admitted his client’s role as Co-Conspirator 2.Jae C. Hong/Associated Press“The fact is, if Dr. Eastman is indicted, he will go to trial,” the statement said. “If convicted, he will appeal.”Some sleuthing was required to determine the identities of the other co-conspirators.The indictment refers to Co-Conspirator 3, for instance, as a lawyer whose “unfounded claims of election fraud” sounded “crazy” to Mr. Trump.That description fits Ms. Powell. She was best known during the postelection period for filing four lawsuits in key swing states claiming that a cabal of bad actors — including Chinese software companies, Venezuelan officials and the liberal financier George Soros — conspired to hack into voting machines produced by Dominion Voting Systems and flip votes from Mr. Trump to Mr. Biden.Mr. Clark is a close match to the description of Co-Conspirator 4, who is identified in the charges as a Justice Department official who worked on civil matters and plotted with Mr. Trump to use the department to “open sham election crime investigations” and “influence state legislatures with knowingly false claims of election fraud.”Against the advice of top officials at the Justice Department, Mr. Trump sought to install Mr. Clark, a high-ranking official in the department’s civil division, as the acting attorney general in the waning days of his administration after Mr. Clark agreed to support his claims of election fraud.Sidney Powell was best known during the postelection period for filing four lawsuits in key swing states claiming that a cabal of bad actors conspired to flip votes from Mr. Trump to Mr. Biden.Erin Schaff/The New York TimesMr. Clark also helped draft a letter to Gov. Brian Kemp of Georgia, a Republican, urging him to call the state legislature into a special session to create a slate of false pro-Trump electors even though the state was won by Joseph R. Biden Jr.A batch of documents obtained by The New York Times helped to identify Mr. Chesebro as Co-Conspirator 5, who is described in the indictment as a lawyer who helped to craft and implement “a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding.”The emails obtained by The Times laid out a detailed picture of how several lawyers, reporting to Mr. Giuliani, carried out the so-called fake elector plot on behalf of Mr. Trump, while keeping many of their actions obscured from the public — and even from other lawyers working for the former president.Several of these emails appeared as evidence in the indictment of Mr. Trump, including some that showed lawyers and the false electors they were seeking to recruit expressing reservations about whether the plan was honest or even legal.“We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an objection when they start counting votes, and start arguing that the ‘fake’ votes should be counted,” a lawyer based in Phoenix who helped organize the pro-Trump electors in Arizona wrote to Mr. Epshteyn on Dec. 8, 2020.In another example, Mr. Chesebro wrote to Mr. Giuliani that two electors in Arizona “are concerned it could appear treasonous.”At one point, the indictment quotes from a redacted message sent by an Arizona lawyer on Dec. 8, 2020, that reads, “I just talked to the gentleman who did that memo, [Co-Conspirator 5]. His idea is basically. …”Jeffrey Clark appears to be a close match to Co-Conspirator 4, who is described in the charges as a Justice Department official who worked on civil matters and plotted with Mr. Trump.Kenny Holston/The New York TimesAn unredacted version of that email obtained by The Times has the name “Ken Cheseboro” in the place of Co-Conspirator 5.The indictment also cites a legal memo dated Nov. 18, 2020, that proposed recruiting a group of Trump supporters who would meet and vote as purported electors for Wisconsin. The court filing describes it as having been drafted by Co-Conspirator 5. That memo, also obtained by The Times, shows it was written by Mr. Chesebro.A separate email, reviewed by The Times, gives a hint that Mr. Epshteyn could be Co-Conspirator 6.The email — bearing a subject line reading, “Attorney for Electors Memo” — was sent on Dec. 7, 2020, to Mr. Giuliani and Mr. Giuliani’s son, Andrew.“Dear Mayor,” it reads. “As discussed, below are the attorneys I would recommend for the memo on choosing electors,” adding the names of lawyers in seven states.Paragraph 57 of the indictment asserts that Co-Conspirator 1, or Mr. Giuliani, spoke with Co-Conspirator 6 about lawyers who “could assist in the fraudulent elector effort in the targeted states.”It also says that Co-Conspirator 6 sent an email to Mr. Giuliani “identifying attorneys in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin” — the same seven states mentioned in the email reviewed by The Times.Maggie Haberman More

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      The Far-Reaching Consequences of the Latest Trump Indictment

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      The latest charges against Donald Trump amount to “the most consequential of all the indictments filed so far,” the Opinion columnist David French argues in this audio essay. On Tuesday, the former president was indicted on four federal counts related to his efforts to overturn the 2020 election, efforts that were part of what French calls “one of the most malicious conspiracies in American history.” Despite this, the case, which hinges on proving Trump’s intent, may not be a slam dunk.Christopher Smith for The New York TimesThe 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.This Opinion Short was produced by Vishakha Darbha. It was edited by Kaari Pitkin and Annie-Rose Strasser. Mixing by Pat McCusker. Original music by Pat McCusker and Carole Sabouraud. Fact-checking by Mary Marge Locker. Audience strategy by Shannon Busta and Kristina Samulewski. More

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      How Rudy Giuliani Became Co-Conspirator 1 in the Trump Indictment

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      Referred to as “Co-Conspirator 1” in the indictment of Donald Trump, the former prosecutor, mayor and presidential lawyer faces an uncertain legal future.Rudolph W. Giuliani is Co-Conspirator 1.Mr. Giuliani, the crime-fighter who rose from a federal prosecutor’s office to lead New York City at its moment of deepest crisis, is not named in the indictment that was filed Tuesday accusing his former client, Donald J. Trump, of plotting to overturn the 2020 election.But Co-Conspirator 1, who Mr. Giuliani’s lawyer acknowledged appeared to be his client, figures in each of the three conspiracies it alleges took place — leaving open the possibility that Mr. Giuliani could be charged himself.The next chapter in his long public life will now be written by the special counsel who filed the indictment, Jack Smith, who can prosecute him, pressure him into cooperating or leave him dangling, potentially to be indicted by a district attorney investigating election interference in Georgia.The former mayor who made his name as a lawman now faces a reckoning with the law.Mr. Giuliani’s relationship with Mr. Trump hangs in the balance. A person close to Mr. Trump who spoke confidentially to describe a private relationship said that while they don’t speak regularly, the former president retains a fondness for Mr. Giuliani born from his stint as mayor, when the two dealt with each other often.But in recent years, their relationship has been on uneven footing as the former president had refused to pay his former lawyer’s legal bills amid mounting legal troubles for both, infuriating Mr. Giuliani’s allies. The former president had told advisers that he did not want Mr. Giuliani to be reimbursed, The New York Times reported.This year, filings suggest, Mr. Trump’s super PAC paid a legal vendor working on Mr. Giuliani’s behalf. The $340,000 payment was made weeks before Mr. Giuliani met voluntarily with Mr. Smith’s office — a meeting that took place under a proffer agreement, in which prosecutors consent to not use any statements during an interview in criminal proceedings unless it is determined that the subject was lying. The agreement does not mean that prosecutors will not charge Mr. Giuliani, nor does it indicate they will seek his cooperation.The payment appeared to bail Mr. Giuliani out of a difficult financial situation. Before it was made, he had told the federal judge presiding over a defamation lawsuit filed against him by two Georgia election workers that he could not afford to pay some of his legal expenses.Tuesday’s indictment, filed in Federal District Court in Washington, details five ways in which six co-conspirators aided Mr. Trump. The attempts begin with efforts to persuade state officials — sometimes by using threats — to overturn the legitimate vote so that false electors could deliver their support to Mr. Trump in the Electoral College. They end with attempts to flip the result even after the attack on the U.S. Capitol on Jan. 6, 2021.Mr. Giuliani, 79, was involved in every step, the indictment says. He bullied and cajoled officials in Arizona, Georgia, Pennsylvania and Wisconsin; helped convene slates of fraudulent electors to cast ballots for Mr. Trump; falsely claimed that Vice President Mike Pence had the power to overturn the election; and, finally, called lawmakers after the attack on the Capitol, asking that they delay the election’s certification.Mr. Giuliani became one of Mr. Trump’s foremost political defenders after the 2020 election.Erin Schaff/The New York TimesOn Tuesday, Mr. Giuliani’s lawyer, Robert J. Costello, said that his client appeared to be the person identified as Co-Conspirator 1 before blasting the indictment, saying it “eviscerates the First Amendment” and was meant to disrupt Mr. Trump’s third presidential campaign.“Every fact that Mayor Giuliani possesses about this case establishes the good-faith basis President Donald Trump had for the action that he took,” Mr. Costello said.“This indictment underscores the tragic reality of our two-tiered justice system — one for the regime in power and the other for anyone who dares to oppose the ruling regime,” Ted Goodman, political adviser to Mr. Giuliani, said on Wednesday.By this stage of his alliance with the former president, Mr. Giuliani is used to legal trouble.The two men have known each other for decades. After serving in the Reagan Justice Department, Mr. Giuliani in 1983 became the U.S. attorney for the Southern District of New York, one of the most prominent legal posts in the government. There, he focused on disrupting organized crime, zeroing in on the five Mafia families of New York. At the same time, Mr. Trump was leveraging his real estate empire to burnish his tabloid celebrity.The men shared a thirst for public attention and a harsh law-and-order politics that kept them aligned after Mr. Giuliani was elected mayor in 1993.His leadership after the Sept. 11 attacks briefly vaulted Mr. Giuliani to the pinnacle of American public life; he was named Time magazine’s person of the year, his leadership compared to that of Winston Churchill. But after Mr. Giuliani left office at the end of 2001 he sank toward irrelevancy, a decline reflected in his failed 2008 Republican presidential campaign.When he re-emerged, it was on behalf of Mr. Trump. He was an omnipresent surrogate for the candidate in the final stages of the 2016 campaign and never abandoned Mr. Trump once he became president. In 2018 — despite having been passed over for the position he coveted, secretary of state — Mr. Giuliani began working as a lawyer for Mr. Trump.Tuesday’s indictment accuses Mr. Trump and co-conspirator 1 of attacking the underpinnings of American democracy.Al Drago for The New York TimesBy that time, the president was fighting a first special counsel investigation, led by Robert S. Mueller III, which concerned possible Russian interference in the election. Mr. Giuliani joined the battle with gusto, saying that Mr. Trump was being targeted for his politics.Like several of Mr. Trump’s lawyers, Mr. Giuliani became embroiled in the legal travails of his client. He had tried to push a new Ukrainian president, Volodymyr Zelensky, to investigate Joseph R. Biden Jr. as Mr. Biden emerged as Mr. Trump’s chief rival in the 2020 presidential race. Mr. Giuliani’s dealings in Ukraine prompted federal prosecutors in Manhattan to open an investigation into the man who had once led the office.Mr. Smith has homed in on the aftermath of Mr. Biden’s victory that year. The indictment says that Mr. Trump on Nov. 14, 2020, appointed Mr. Giuliani to “spearhead his efforts going forward to challenge the election results.”Mr. Giuliani took up the mission, meeting with speakers of the house in Arizona and Michigan, asking them to replace their proper electors with groups that would cast votes for Mr. Trump. In all, Mr. Giuliani helped coordinate a scheme to put forward fraudulent slates of electors in seven states, the indictment said.In Georgia, Mr. Giuliani organized a presentation for lawmakers where people claiming to be electoral fraud experts falsely claimed that 10,000 dead people had voted.And after the attack on the U.S. Capitol delayed the certification of the election, Mr. Giuliani helped Mr. Trump lobby lawmakers, unsuccessfully, to keep Mr. Biden out of the White House.When Mr. Trump left office, the legal pressure on Mr. Giuliani escalated.FB.I. agents searched his home and office, seizing cellphones and computers. The federal investigation into Mr. Giuliani’s actions in Ukraine ended in 2022 with no charges, but he was sued by voting machine companies that he claimed had helped engineer Mr. Biden’s victory.In June, his law license was suspended in connection with the statements he made about the 2020 election. Mr. Giuliani’s legal bills piled up. Mr. Trump was declining to pay him even as Fani Willis, the Fulton County district attorney, investigated him for his attempts to overturn the election in Georgia.Soon, Mr. Smith would join her.Maggie Haberman More

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      in Elections

      Part Thriller, Part Whodunit: The Trump Indictment Is a Must-Read

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      The federal indictment issued this week against Donald Trump for his efforts to steal the 2020 presidential election has a literary quality to it. It reads like a movie script.A lot of what’s in it is information we already knew, but it’s worth noting that the document is simultaneously comprehensive and streamlined, with a clear protagonist, Trump, as a brooding, plotting, maleficent force sowing chaos and destruction.It makes this unprecedented moment in American history digestible and re-establishes the tension that we should all acknowledge about the magnitude of what took place after the last election: Trump engaged in one of the most sweeping and consequential voter suppression efforts in the country’s history.The indictment is the harrowing, true-life story of how a former president pushed our democracy perilously close to the edge and remains a threat to push it over.Avid consumers of news and those of us in the news business can grow cold to this kind of development. We track revelations in real time. We read the stories and the books as they’re written. We watch television interviews and listen to podcasts. For us, the indictment may feel anticlimactic, just a bit farther down judicial and political lines laid like parallel train tracks.But in the milieu of what I call our “urgent incrementalism,” with our appetite for granularity and comprehensiveness, we newshounds sometimes lose the perspective of the everyday citizen.Most people don’t follow each iteration of a story, not because they’re uninterested but because they’re distracted. Their lives are happening. They’re trying to grab coffee for the commute, worrying about the rent getting paid, trying to remember if they signed the permission slip and nervously eying the fuel gauge as the indicator creeps toward E.For that reason, the absorbable — and quite absorbing — summary that the indictment represents is crucial. Among other virtues, it isn’t written in dense legalese. It’s a drama that takes readers into Trump’s thinking. It allows them to see not only what lies Trump is accused of telling, but also how he viewed the things he said at the time he said them.People often talk about Trump lying for self-aggrandizement and about his thirst for others’ lies meant to flatter him. All true, but that category of lies is on the frivolous end of the spectrum.The indictment charges him with another category of lying: of trying to compel the actions of others. It highlights Trump’s elite-level penchant for deceit.It makes a convincing case that Trump wasn’t misled by minions feeding his vanity, but was instead calculating, telling lies that he believed would pressure those minions to act in his interest. He seemed to constantly be scanning the room, searching for which confidants were offering the most useful fabrications, for those willing to commit to his election-denying craziness, for the kamikazes of false narratives.Trump used the deception that he and his supporters were under lawless attack to justify a by-any-means-necessary counterattack. On Jan. 6, 2021, Trump directed his supporters to descend on the Capitol, imploring Republicans to “get tougher” and cast aside the strictures of convention, saying: “And fraud breaks up everything, doesn’t it? When you catch somebody in a fraud, you’re allowed to go by very different rules.”That day, Trump would repeatedly, falsely, claim that fraud had led to his defeat.The indictment also illustrates how Trump linked other people’s fortunes to his own, creating a dependency, a symbiosis, in which there is peril in severance. Defending Trump becomes a form of self-defense for those who support him.There’s a biological phenomenon known as parasitism, a relationship in which a parasite benefits while its host is harmed. This is the relationship that many Republicans — both politicians and voters — find themselves in with Trump. But they have courted their own infection.Trump is the clear villain of this story, but for his adherents, villainy is subjective.In Donald Miller’s book, “Hero on a Mission,” he posits that in stories, heroes and villains have a similar background: They both start as victims. What separates them, he suggests, is how they process their pain.Trump is the hero of Trump World because he mirrors and amplifies his devotees’ collective psyche. He processes pain — often of his own invention — by inflicting it. He craves vengeance. He courts cruelty. He flouts the rules.In the indictment, it is some of the secondary characters — the state officials, campaign staff members and White House lawyers who pushed back against Trump’s plotting — who emerge as the antiheroes, providing much of the evidence arrayed against Trump.According to the indictment, as one campaign adviser emailed in 2020 about the dubious efforts of Trump’s “elite” legal team: “I’ll obviously hustle to help on all fronts, but it’s tough to own any of this,” conspiracy theories “beamed down from the mother ship.”The indictment isn’t a pleasant read, but it’s surprisingly readable. It isn’t entertainment, but it’s a must-read document detailing one of the gravest threats the country has ever faced from a president. It most likely won’t change minds or significantly alter political trajectories.But it does make a clear and compelling case, and that is a service to the country in its own right.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 and Twitter (@NYTopinion), and Instagram. More