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      In Hundreds of Jan. 6 Cases, Justice Dept. Wins a Battle (for Now)

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      The ruling of a federal court left open the possibility of future challenges to a law that has been used against hundreds of people charged in the Capitol attack.A federal appeals court on Friday upheld the viability of a criminal charge that has been used against hundreds of people indicted in connection with the attack on the Capitol on Jan. 6, 2021 — and that congressional investigators have recommended using in a potential criminal case against former President Donald J. Trump.The decision by the U.S. Court of Appeals for the District of Columbia means that the charge — the obstruction of an official proceeding before Congress — can continue to be used in the Justice Department’s prosecutions related to the Jan. 6 riot. It could also ultimately be used against Mr. Trump should the special counsel, Jack Smith, decide to file a case against him related to his efforts to overturn the 2020 election.But even though the three-judge panel, in a 2-1 ruling, left in place the status quo and temporarily avoided crippling hundreds of Jan. 6 cases by invalidating the obstruction count, it still presented a serious challenge to the Justice Department moving forward.A provision of the law requires proving that any interference with a congressional proceeding be done “corruptly.” Two of the judges said they were inclined to define that term in a narrow way as receiving a personal benefit — even though the panel as a whole put off a final decision on the issue.The split decision left wiggle room for defense lawyers to try a flurry of complicated new efforts to invalidate the charge in all of the cases in which it has been used.A future ruling that narrowed the definition of “corruptly” could have significant effects on the Jan. 6 prosecutions.It could bar the Justice Department from using the obstruction count against defendants who did not commit other unlawful acts like assaulting a police officer. It could even lead to the charge being dropped in situations in which defendants did not personally benefit from the obstruction they are accused of taking part in — circumstances that could be hard to apply to Jan. 6 defendants.Almost from the start of the vast investigation of the Capitol attack, prosecutors have used the obstruction count to describe the event at the heart of Jan. 6: how, by storming the Capitol that day, members of a pro-Trump mob disrupted the certification of Mr. Trump’s electoral defeat that was taking place inside during a joint session of Congress.Defense lawyers have long maintained that prosecutors overreached in their use of the law, stretching the statute beyond its intended scope and using it to criminalize behavior that too closely resembled protest protected by the First Amendment. In December, they challenged the viability of the law in arguments in front of the appeals court, making various claims that the charge was a poor fit for what happened at the Capitol and that it should not have been used against any of the rioters.In its ruling, the appellate panel acknowledged that the obstruction count had never been used in the way it has been used in Jan. 6 cases, but decided that it was nonetheless a viable charge in the riot prosecutions. The ruling reversed decisions made in three separate Jan. 6 cases by Judge Carl J. Nichols, the only judge in Federal District Court in Washington, where the cases are being heard, to have struck down the obstruction charge..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.The obstruction charge — formally known in the penal code as 18 U.S.C. 1512(c)(2) — was never a perfect fit for the many cases stemming from the Capitol attack. It was passed into law as part of the 2002 Sarbanes-Oxley Act, which sought to clamp down on corporate malfeasance.The measure was initially intended to prohibit actions like shredding documents that were part of a congressional proceeding. In his initial rulings, Judge Nichols said the count had been used inappropriately because the cases of the three rioters he was considering had nothing to do with destroying or tampering with documents or records.The appellate panel — made up of two Trump appointees and one judge appointed by President Biden — ruled that Judge Nichols’s interpretation of the law was too narrow and that the obstruction committed by the three defendants in question did not have to relate solely to documents.The panel noted that the defendants had been rightfully charged with obstruction of a congressional proceeding. The cases included those of Joseph Fischer, a Pennsylvania police officer accused of pushing at law enforcement officers during the Capitol attack; Garret Miller, a Dallas man charged with storming the building and facing off with officers inside; and Edward Jacob Lang, a self-described social media influencer from New York who prosecutors say attacked the police with a baseball bat.The obstruction charge has been used so far in more than 300 riot cases, including against prominent defendants in far-right groups like the Proud Boys and the Oath Keepers militia. Part of the appeal of the count to prosecutors is that it carries a hefty maximum sentence of 20 years in prison.In December, in one of its final acts, the House select committee investigating Jan. 6 included the obstruction count in its recommendations to the Justice Department of what charges should be filed against Mr. Trump. A federal judge in California, considering a lawsuit stemming from the committee’s work, separately determined that Mr. Trump had likely committed obstruction as defined by the law.The appellate panel reserved judgment on the definition of “corruptly” because it was not directly part of the appeal of Judge Nichols’s earlier decisions, leaving open the possibility of future challenges on that issue.In its arguments before the appeals court, the government claimed that acting corruptly should be broadly construed and include various unlawful behavior like destroying government property or assaulting police officers. The defense had argued for a narrower interpretation, seeking to define the term as acting illegally to procure something to directly benefit oneself or another person.The panel split on the issue, with two of the judges — Gregory G. Katsas and Justin R. Walker — agreeing on the narrow, more personal view of “corruptly.” The third judge, Florence Y. Pan, took the broader view of the term but was able to get Judge Walker to vote with her to uphold the obstruction law overall.Judge Walker only agreed to join Judge Pan if they adopted the narrow definition, setting up a conflict that will, eventually, have to be resolved. More

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      Attacks on Dominion Voting Persist Despite High-Profile Lawsuits

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      Unproven claims about Dominion Voting Systems still spread widely online.With a series of billion-dollar lawsuits, including a $1.6 billion case against Fox News headed to trial this month, Dominion Voting Systems sent a stark warning to anyone spreading falsehoods that the company’s technology contributed to fraud in the 2020 election: Be careful with your words, or you might pay the price.Not everyone is heeding the warning.“Dominion, why don’t you show us what’s inside your machines?” Mike Lindell, the MyPillow executive and prominent election denier, shouted during a livestream last month. He added that the company, which has filed a $1.3 billion defamation lawsuit against him, was engaged in “the biggest cover-up for the biggest crime in United States history — probably in world history.”Claims that election software companies like Dominion helped orchestrate widespread fraud in the 2020 election have been widely debunked in the years since former President Donald J. Trump and his allies first pushed the theories. But far-right Americans on social media and influencers in the news media have continued in recent weeks and months to make unfounded assertions about the company and its electronic voting machines, pressuring government officials to scrap contracts with Dominion, sometimes successfully.The enduring attacks illustrate how Mr. Trump’s voter fraud claims have taken root in the shared imagination of his supporters. And they reflect the daunting challenge that Dominion, and any other group that draws the attention of conspiracy theorists, faces in putting false claims to rest.The attacks about Dominion have not reached the fevered pitch of late 2020, when the company was cast as a central villain in an elaborate and fictitious voter fraud story. In that tale, the company swapped votes between candidates, injected fake ballots or allowed glaring security vulnerabilities to remain on voting machines.Dominion says all those claims have been made without proof to support them.“Nearly two years after the 2020 election, no credible evidence has ever been presented to any court or authority that voting machines did anything other than count votes accurately and reliably in all states,” Dominion said in an emailed statement.On Friday, the judge in Delaware overseeing the Fox defamation case ruled that it was “CRYSTAL clear” that Fox News and Fox Business had made false claims about the company — a major setback for the network.Many prominent influencers have avoided mentioning the company since Dominion started suing prominent conspiracy theorists in 2021. Fox News fired Lou Dobbs that year — only days after it was sued by Smartmatic, another election software company — saying the network was focusing on “new formats.” Mr. Dobbs is also a defendant in Dominion’s case against Fox, which is scheduled to go to trial on April 17.Yet there have been nearly nine million mentions of Dominion across social media websites, broadcasts and traditional media since Dominion filed its first lawsuit in January 2021, including nearly a million that have mentioned “fraud” or related conspiracy theories, according to Zignal Labs, a media monitoring company. Some of the most widely shared posts came from Representative Marjorie Taylor Greene, Republican of Georgia, who tweeted last month that the lawsuits were politically motivated, and Kari Lake, the former Republican candidate for governor of Arizona who has advanced voter fraud theories about election machines since her defeat last year.Far-right Americans on social media and influencers in the news media continue to make unfounded assertions about Dominion and its electronic voting machines.Brynn Anderson/Associated PressMr. Lindell remains one of the loudest voices pushing unproven claims against Dominion and electronic voting machines, posting hundreds of videos to Frank Speech, his news site, attacking the company with tales of voter fraud.Last month, Mr. Lindell celebrated on his livestream after Shasta County, a conservative stronghold in Northern California, voted to use paper ballots after ending its contract with Dominion. A county supervisor had flown to meet privately with Mr. Lindell before the vote, discussing how to run elections without voting machines, according to Mr. Lindell. The supervisor ultimately voted to switch to paper ballots.In an interview this week with The New York Times, Mr. Lindell claimed to have spent millions on campaigns to end election fraud, focusing on abolishing electronic voting systems and replacing them with paper ballots and hand counting.“I will never back down, ever, ever, ever,” he said in the interview. He added that Dominion’s lawsuit against him, which is continuing after the United States Supreme Court declined to consider his appeal, was “frivolous” and that the company was “guilty.”“They can’t deny it, nobody can deny it,” Mr. Lindell said.Joe Oltmann, the host of “Conservative Daily Podcast” and a promoter of voter fraud conspiracy theories, hosted an episode in late March titled “Dominion Is FINISHED,” in which he claimed that there was a “device that’s used in Dominion machines to actually transfer ballots,” offering only speculative support.“This changes everything,” Mr. Oltmann said.Dominion sent Mr. Oltmann a letter in 2020 demanding that he preserve documents related to his claims about the company, which is often the first step in a defamation lawsuit.In a livestream last month on Rumble, the streaming platform popular among right-wing influencers, Tina Peters, a former county clerk in Colorado who was indicted on 10 charges related to allegations that she tampered with Dominion’s election equipment, devoted more than an hour to various election fraud claims, many of them featuring Dominion. The discussion included a suggestion that because boxes belonging to Dominion were stamped with “Made in China,” the election system was vulnerable to manipulation by the Chinese Communist Party.Mr. Oltmann and Ms. Peters did not respond to requests for comment.The Fox lawsuit has also added fuel to the conspiracy theory fire.Far-right news sites have largely ignored the finding that Fox News hosts disparaged voter fraud claims privately, even as they gave them significant airtime. Instead, the Gateway Pundit, a far-right site known for pushing voter fraud theories, focused on separate documents showing that Dominion executives “knew its voting systems had major security issues,” the site wrote.The documents showed the frenzied private messages between Dominion employees as they were troubleshooting problems, with one employee remarking, “our products suck.” In an email, a Dominion spokeswoman noted the remark was about a splash screen that was hiding an error message.In February, Mr. Trump shared the Gateway Pundit story on Truth Social, his right-wing social network, stoking a fresh wave of attacks against the company.“We will not be silent,” said one far-right influencer whose messages are sometimes shared by Mr. Trump on Truth Social. “Dominion is the enemy!” More

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      Fact-Checking Trump’s Speech After His Arraignment

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      Hours after pleading not guilty to 34 counts of filing false business records, former President Donald J. Trump maintained his innocence before a crowd of supporters in Florida. Here’s a fact-check.WASHINGTON — Hours after pleading not guilty to 34 counts of filing false business records in a courtroom in Lower Manhattan, former President Donald J. Trump maintained his innocence on Tuesday before a crowd of supporters at Mar-a-Lago, his estate and private club in Florida.He repeated a host of familiar and inaccurate attacks on his opponents. Here’s a fact-check of his remarks.What WAS Said“From the beginning, the Democrats spied on my campaign, remember that? They attacked me with an onslaught of fraudulent investigations. Russia, Russia, Russia, Ukraine, Ukraine, Ukraine impeachment hoax No. 1, impeachment hoax No. 2, the illegal and unconstitutional raid on Mar-a-Lago right here.”This is misleading. This list covers five years’ worth of grievances that Mr. Trump long harbored and largely misconstrues the various investigations into his campaign, administration and conduct.Mr. Trump has complained for years that the counterintelligence investigation the F.B.I. opened in July 2016 about Russia’s interference in the presidential election was an attack on his campaign.He was first impeached in 2019 for abuse of power and obstruction of Congress for soliciting election assistance from Ukraine at the same time he was withholding a White House meeting and nearly $400 million in vital military assistance for the country.He was impeached again in 2021, one week before he left office, for inciting an insurrection on Jan. 6, 2021, after he lost the 2020 presidential election.The F.B.I. searched Mar-a-Lago in August for classified documents that Mr. Trump was thought to have improperly removed from the White House. The search was not illegal and occurred after the Justice Department obtained a warrant.What WAS Said”And now this massive election interference at a scale never seen before in our country, beginning with the radical left George Soros-backed prosecutor Alvin Bragg of New York.”This needs context. The links between Alvin L. Bragg, the Manhattan district attorney who has brought the case against Mr. Trump, and George Soros, the financier and Democratic megadonor, are real but overstated. (Attacks that portray Mr. Soros as a “globalist” mastermind often veer into antisemitic tropes.)In reality, Mr. Soros donated to a liberal group that endorses progressive prosecutors and supports efforts to overhaul the criminal justice system — in line with causes that he has publicly supported for years. That group used a significant portion of the money, but not all of it, to support Mr. Bragg in his 2021 campaign.A spokesman for Mr. Soros said that the two men had never met and that Mr. Soros had not given money directly to Mr. Bragg’s campaign.What WAS Said“That has absolutely nothing to do with openly taking boxes of documents and mostly clothing and other things to my home, which President Obama has done.”.css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.False. Mr. Trump has repeatedly and wrongly compared his handling of classified documents to that of his predecessor.After his presidency, Mr. Trump took a trove of classified documents — including 18 marked as top secret — to Mar-a-Lago.In contrast, the National Archives and Records Administration, which preserves and maintains records after a president leaves office, has said in a statement that former President Barack Obama turned over his documents, classified and unclassified, as required by law.The agency has also said it is not aware of any missing boxes of presidential records from the Obama administration.What WAS Said“In fact, they seem to have forgotten about his documents entirely, so many, thousands and thousands. It’s OK with him. They like to say that I’m obstructing, which I’m not, because I was working with NARA very nicely until the raid on my home. Biden is obstructing by making it impossible to get the 1,850 boxes.”False. Mr. Trump is again drawing an inaccurate comparison between his and President Biden’s improper handling of classified documents.The Justice Department appointed a special counsel to investigate Mr. Biden’s handling of documents in January, two months after the initial discovery of classified material at an office he had used at a Washington think tank. So clearly the matter was not “forgotten,” nor was Mr. Biden given an “OK.”Officials at the National Archives and Records Administration might also disagree with Mr. Trump’s assertion that he was cooperating “very nicely” with archivists responsible for storing and accounting for his presidential records. NARA asked Mr. Trump to return documents in spring 2021 once it had discovered files were missing and received them only after months of asking.As for Mr. Biden’s 1,850 boxes, that was referring to a collection of documents he had donated to the University of Delaware in 2012 from his tenure as a senator representing the state from 1973 to 2009. Unlike presidential documents, which must be released to NARA once a president leaves office, documents from members of Congress are not covered by the Presidential Records Act. It is not uncommon for senators and representatives to give such items to research or historical facilities.The university agreed to not give the public access to Mr. Biden’s documents from his time as senator until two years after he retired from public life. But the F.B.I. did search the collection in February as part of the special counsel investigation and in cooperation with Mr. Biden’s legal team. The New York Times reported at the time that the material was still being analyzed but did not appear to contain any classified documents.What WAS Said“I have a Trump-hating judge with a Trump-hating wife and family whose daughter worked for Kamala Harris.”This needs context. Loren Merchan, the daughter of the judge presiding over the case, is the president and a partner at a digital campaign strategy agency that has done work for many prominent Democrats, including the 2020 campaigns of Joseph R. Biden Jr. and Kamala Harris. Earlier on Tuesday, Mr. Trump argued that Justice Juan M. Merchan should recuse himself because of her work, but experts in judicial ethics agreed that this was not adequate grounds for recusal.Under New York State rules on judicial conduct, a judge should disqualify himself or herself from a case if a relative within the sixth degree had “an interest that would be substantially affected by the proceeding.” Ms. Merchan’s work on Democratic campaigns does not give her enough of an interest that would qualify, experts said.“Political interests are widely shared and thus diffused,” said Arthur D. Hellman, a professor emeritus of law at the University of Pittsburgh. “If this kind of work by a relative within the sixth degree were enough to require recusal, it would be hard to find any judge who could hear the case.” More

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      Trump’s calls to protest fall on weary, wary ears.

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      In Lower Manhattan on Tuesday morning, near the courthouse where Donald J. Trump was to be arraigned, Dion Cini, a Trump merchandise entrepreneur from Brooklyn and frequent presence at Trump rallies, waved an enormous flag that read TRUMP OR DEATH.“We’re living in history right now,” he told a scrum of mostly European reporters.But the crowd — for a demonstration convened by the New York Young Republican Club, where Representative Marjorie Taylor Greene would soon speak — was overwhelmingly made up of journalists. Trump supporters were so outnumbered that anyone in Make America Great Again attire was quickly swarmed by cameras.On Truth Social last month, Mr. Trump exhorted his supporters: “WE MUST SAVE AMERICA! PROTEST, PROTEST, PROTEST!” But while his indictment has been met with outrage across right-wing media and social media, the offline response has so far been a far cry from the turnouts at his campaign rallies — much less the tens of thousands he drew to Washington on Jan. 6, 2021, for the rally that became a violent attempt to avert the end of his presidency.Pro-Trump organizers and outside observers have pointed to a range of factors to explain the low turnout. They include the relatively short notice of the arraignment, the mixed messages from right-wing media figures and politicians like Ms. Greene — who last month stoked fear that an indictment protest could be infiltrated by “Feds/Fed assets” — and the question of what, exactly, a demonstration would accomplish.But the small crowds are also a testament to a political landscape that has changed since the explosive finale of Mr. Trump’s presidency.“The right has zero interest in repeating anything that even remotely resembles Jan. 6,” said Dustin Stockton, an organizer of the pro-Trump Stop the Steal rallies that culminated at the Capitol that day.The riot drew its incendiary force from its particular combination of rank-and-file Trump supporters and a smaller cohort of extremists who had found a footing in the Republican mainstream in the Trump years. Those constituencies grew closer in 2020, as Covid-19 lockdowns, racial justice protests and riots and finally Mr. Trump’s claims of a stolen election drew them together around a common set of grievances — grievances that were converted into a call to action by right-wing media and influencers, Republican politicians and Mr. Trump himself.Jon Lewis, a research fellow in the Program on Extremism at George Washington University, said those conditions would be extraordinarily hard to replicate, even after a development as extraordinary as Mr. Trump’s indictment.“The further away we get from Jan. 6, the more it is being recognized as a unique perfect storm of events, of actors, of circumstances,” Mr. Lewis said.Since Jan. 6, rallies similar to those that gathered large crowds in 2020 have struggled to produce significant turnouts. An annual gun-rights rally in Richmond, Va., which brought tens of thousands of gun owners and militia members into the streets in January 2020, drew only hundreds in late January 2021. The crowds were similarly sparse at Inauguration Day protests in Washington and statehouses across the country days later.Demonstrations against Covid-19 vaccine mandates in late 2021 and early 2022 sought to recapture the energy of the “re-open” protests in the spring of 2020, and did draw several thousand to the National Mall in January 2022. But they mostly evaporated after states eased their Covid-19 policies that spring.Claims of a stolen 2020 election animated many prominent Republican candidates and grass-roots groups in last year’s midterm elections. But the most prominent election deniers lost, and the most significant demonstration over the candidates’ defeats, in Phoenix, drew only a couple of hundred people.A crucial missing element in all of these events was Mr. Trump himself. His ability to draw supporters to the new cause of his prosecution remains to be seen.But participants and observers have also pointed to the chilling effect of the law enforcement crackdowns and congressional investigations since Jan. 6. F.B.I. domestic terrorism investigations have more than doubled since 2020, according to the Government Accountability Office. Under the Biden administration, “you have seen the early signs of a sea change in how the U.S. government is approaching domestic violent extremism,” Mr. Lewis said.High-profile federal prosecutions related to Jan. 6 have swept up the national leaderships of the Proud Boys and Oath Keepers, some of whom have been convicted of sedition and other serious crimes. Individual rioters, many of whom documented their activities on Jan. 6 on social media, have faced detention and prosecution on lesser charges, or at least visits from federal agents.The result has been a climate of paranoia around the open social media organizing that was critical to the Stop the Steal demonstrations, as well as around large offline gatherings. This is particularly true in Washington, with its large federal law enforcement presence, and New York, where prosecutors have become particularly reviled figures on the right for their legal proceedings against the Trump Organization, the National Rifle Association, the former Trump adviser Stephen K. Bannon and now Mr. Trump himself.Among right-wing organizers, “the overwhelming consensus is D.C. is a no-go zone, and New York has weaponized lawfare against everyone on the right,” said Mr. Stockton, who was raided in 2020 by federal agents for his role in a border-wall fund-raising venture involving Mr. Bannon, who has been charged by Manhattan prosecutors with defrauding contributors. (Mr. Bannon has pleaded not guilty and Mr. Stockton was never charged. Timothy Shea, another participant, was convicted of related federal charges in October.) “Everyone assumes there are traps everywhere.”While denunciations of the charges against Mr. Trump have dominated the conservative and right-wing media for weeks, the question of whether to protest them has been met with less unanimity.While some, like the former Trump administration official Sebastian Gorka, have called the moment a “time of sorting” and urged Trump supporters to “peacefully protest,” others have warned that the political risk of such a protest’s turning violent far outweighs the potential reward.“DO NOT PROTEST IN NYC TOMORROW,” the talk radio host John Cardillo, a former New York police officer, wrote on Twitter on Monday. “The Democrats want you to do that. They want people to get out of hand, be arrested, and be able to claim another J6.”And to some people and groups closely associated with the Jan. 6 riot, Mr. Trump is a more ambivalent cause than he once was.“Remember what happened last time Trump called a protest? He threw everyone under the bus,” a local Proud Boys chapter in Illinois posted on Telegram last month, amid a series of memes depicting Trump protest organizers as undercover federal agents.But Joe McBride, a lawyer for a number of Jan. 6 defendants who said he has served as an intermediary between their families and Mr. Trump’s circle, said that “there’s certainly a sense of brotherhood” with the former president after his indictment.Karen Lichtbraun, a preschool teacher from New York who attended Tuesday’s demonstration in Manhattan, said the fear of arrest was one reason for the relatively modest turnout. “Look what’s happening with the people who participated in Jan. 6,” she said.But she noted that the rally site in deep blue Manhattan played a role as well.“It’s New York, unfortunately,” she said.Alexandra Berzon More

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      Donald Trump Prepares to Surrender

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      The Manhattan indictments may not even present his biggest legal threat.Donald Trump is expected to turn himself in to the Manhattan authorities today. Further down, you can read about the latest developments and what to expect today.I also want to devote part of today’s newsletter to the other three criminal investigations of Trump — because at least one of them could end up being more significant than the charges in Manhattan, both legally and politically.Why?For one thing, some legal experts view the Manhattan case skeptically. The closest analogy to it may be the 2012 trial of John Edwards, the former Democratic presidential candidate, who was accused of violating campaign-finance law by hiding payments to cover up an extramarital affair. Jurors acquitted Edwards of one charge and deadlocked on the others, a reminder that many people are uncomfortable criminalizing scandals that revolve around consensual sex.The political impact of sex scandals is similarly questionable. Trump has a long, public history of cheating on his wives, as any reader of New York’s tabloid newspapers knows. It did not keep him from being elected president any more than Bill Clinton’s reputation for infidelity kept him from winning in 1992. Clinton also lied about an affair while he was president — under oath, no less — but many Americans nonetheless believed he should remain in the job.The case against Trump could turn out differently, of course: He could be convicted. Even if he is, though, the charges do not seem likely to change many voters’ views of Trump.Two of the other three investigations into Trump are somewhat different. They are about democracy, not sex, and there is already reason to believe that they are more politically threatening to him.One of the two is a federal investigation into Trump’s efforts to overturn the 2020 election, including his role in the Jan. 6 attack on the Capitol. The second involves those same efforts, but only in Georgia, where local prosecutors are looking into his failed attempt to overturn the result. Prosecutors have not yet announced whether they will bring charges in either case.Both stem from Trump’s rejection of basic democratic principles that other leaders of both parties have long accepted — that the loser of an election should concede; that politicians should not tell brazen and repeated lies; that violence is an unacceptable political tactic. Over the past few years, a small — but crucial — slice of voters who are otherwise sympathetic to the Republican Party have indicated that they are uncomfortable with Trump’s attacks on democracy.In 2020, he became only the fourth president in the past century to lose re-election, even as Republican congressional candidates fared better than expected. Last year, Trump’s preferred candidates performed about five percentage points worse than otherwise similar Republicans, my colleague Nate Cohn estimates. As a result, every election denier who ran to oversee elections in a battleground state last year lost.An indictment and a trial in either the Jan. 6 case or the Georgia case would again focus attention on Trump’s anti-democratic behavior. Most of his supporters would probably stick by him, but the cases probably present a greater risk to his standing with swing voters than a case revolving around the cover-up of an affair. And if polls were to show Trump clearly losing a hypothetical rematch with President Biden, some Republican primary voters might become nervous, hurting Trump in the primaries.I’m not predicting that outcome or any other specific scenario. There is a great deal of uncertainty about Trump’s legal problems and the 2024 election. I merely want to remind you that while attention will understandably focus on the Manhattan case this week, Trump’s legal problems are larger than this one case.Here’s our overview of the other three cases, compiled by my colleague Ian Prasad Philbrick.1. Jan. 6This is a federal investigation into Trump’s efforts to overturn the 2020 election. The investigation appears to be focusing on Trump’s role in the Jan. 6 attack, on attempts by him and his allies to recruit fake presidential electors in key states, and on their fund-raising off false voter-fraud claims.Typically, the Justice Department tries to avoid taking actions that could influence the outcome of a campaign that has formally begun. (James Comey’s rejection of this tradition in the Hillary Clinton email case was a major exception.) If Jack Smith, the special counsel overseeing this Trump inquiry, follows the tradition, Smith may make an announcement about whether to bring charges well before the end of this year.“He wants to resolve things quickly. But we cannot say how quickly,” my colleague Alan Feuer, who’s been covering the case, said.2. GeorgiaAfter Trump lost the 2020 election, he pressured Georgia’s top elections official “to find 11,780 votes,” enough to overturn his defeat. A grand jury investigating those efforts heard from 75 witnesses, including Rudy Giuliani and Lindsey Graham, and recommended that prosecutors charge multiple people with crimes. It’s unclear whether Trump is among them, because much of the grand jury’s report remains secret. But the jury’s forewoman has hinted he was among them.The charges could include attempted election fraud and racketeering related to Trump’s involvement in a plan to recruit fake presidential electors. Prosecutors will likely decide whether to charge anyone by next month.3. Government documentsThe third case — involving the handling of classified documents — is probably less threatening to Trump, at least from a political standpoint. Many politicians, apparently including Biden and former Vice President Mike Pence, have broken the rules for handling classified material. It’s partly a reflection of what many experts consider the over-classification of documents, including many that contain mundane information.Trump’s case does seem more extreme, however. He not only took hundreds of classified documents from the White House but also repeatedly resisted giving many of them back. Charges could include obstruction of justice for defying a subpoena. Smith is overseeing this inquiry as well, and the timing of a resolution remains unknown.The latest newsPolice officers and Secret Service agents will escort Trump from his home in Trump Tower to the district attorney’s office in Lower Manhattan, where he will surrender. Follow today’s developments.The New York Police Department has been put on alert. But officials say they do not expect a major backlash.Trump added a lawyer to his defense team, a former federal prosecutor with experience in white-collar cases.The case against Trump could hinge on an untested legal theory. Here’s what we know.THE LATEST NEWSPoliticsVoters head to the polls today to decide the runoff for Chicago mayor and to choose a new judge for Wisconsin’s Supreme Court.About 15 million Americans could soon lose their health insurance because of the expiration of a pandemic program that automatically extended Medicaid coverage.Some Republicans fear that legislation to limit press freedom in Florida, drafted at Ron DeSantis’s urging, could expose conservative outlets to libel suits.Other Big StoriesClockwise from left: Christina Koch, Victor Glover, Jeremy Hansen and Reid Wiseman.Josh Valcarcel/NASA Johnson Space Center, via ReutersMeet the astronauts of the Artemis II mission: They’ll be the first people to fly around the moon in more than 50 years.Finland joins NATO today. It’s a strengthening of the Western alliance and a strategic setback for Vladimir Putin.More severe weather is on the way to the Midwest and parts of the South, the same area that tornadoes hit a few days ago.From convenient to a nuisance: Parisians voted to ban electric rental scooters.Freeing Paul Rusesabagina, depicted in the movie “Hotel Rwanda,” involved secret diplomacy, lawsuits and Hollywood.A ranch owner in Arizona was charged in the shooting death of a migrant. Some conservative ranchers say the owner was the real victim.OpinionsMatthew Walther supports gun rights, but he thinks that the fetishism of AR-15 fandom is dangerous.Baseball’s new rules are a desperately needed makeover, Steve Kettmann writes.MORNING READSA member of the Blackfeet Nation in Montana resting after shooting a bison last month.Michael Hanson for The New York TimesThe hunt: Their job is to kill bison who roam beyond Yellowstone’s borders.Up in the air: Take a close look at California’s snowy mountains.Baby’s first social media handle: Sorry, that profile name is taken. It belongs to a newborn.Love story: She thought her crush on a colleague was secret. Until someone asked, “Why do you have Jake pinned to your screen?”A Morning watch: She survived the atomic bombing of Hiroshima. This is her story, in her voice.Lives Lived: As a young man, Raghavan Iyer didn’t know how to cook a simple potato curry. He went on to teach America’s heartland how to prepare Indian cuisine. Iyer died at 61.SPORTS NEWS FROM THE ATHLETICConnecticut players celebrating their win yesterday.Godofredo A. Vasquez/Associated PressN.C.A.A. men’s tournament winners: The UConn Huskies claimed their fifth national title with a 76-59 drubbing of upstart San Diego State. They survived a chaotic men’s tournament which saw all four No. 1 seeds lose before the Elite Eight.From the sideline: UConn’s dominance in the men’s tournament has brought out the inner calm in its head coach.A possible invite: Jill Biden suggested that the women’s runner-up, Iowa, could also be invited to the White House alongside national champion L.S.U. Tigers star Angel Reese responded with laughing emojis.Oral history: Twenty years ago, the Boston Red Sox created “the most fun clubhouse in baseball.” The Athletic called those players.ARTS AND IDEAS Revising classicsAuthors’ estates have been altering the text of well-known books to remove language that some may consider offensive, raising questions about art and censorship. But for publishers, there’s another important factor: making sure those books still sell.Agatha Christie continues to find new fans, and her estate had those readers in mind when it recently removed bigoted language from some of her novels. Christie’s estate learned long ago how lucrative such a change could be: In the 1980s, it dropped the title from the U.K. edition of one novel, which contained a slur, and adopted the U.S. title, “And Then There Were None.” It remains her best-selling book.PLAY, WATCH, EATWhat to CookDavid Malosh for The New York TimesPair radicchio with a tasty dressing.What to WatchThe documentary “Pretty Baby: Brooke Shields” includes an absorbing collage of archival footage.What to ReadIn “A Fever in the Heartland,” Timothy Egan traces the Ku Klux Klan’s expansion in the 1920s.Late NightStephen Colbert wondered if Trump would get a mug shot taken.Now Time to PlayThe pangram from yesterday’s Spelling Bee was commodity. Here is today’s puzzle.Here’s today’s Mini Crossword, and a clue: Sports stadium (five letters).And here’s today’s Wordle. Thanks for spending part of your morning with The Times. See you tomorrow. — DavidP.S. We have winners in The Morning’s March Madness pools: “KarlyRenee” in the women’s bracket, and “Archytas” in the men’s. Congratulations! If you’re one of them, email us at themorning@nytimes.com to receive your prize.Here’s today’s front page.“The Daily” is about Wisconsin’s Supreme Court election. More

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      To Boldly Go Where No President Has Gone Before

      by

      Bret Stephens: Hi, Gail. I have a clear memory of Democrats defending Bill Clinton tooth and nail for lying under oath in the Paula Jones case, about his affair with Monica Lewinsky. At the time, they said it was “just about sex” and that Clinton lied to protect his family and marriage.Morally speaking, is that better than, worse than or equal to the allegation that Donald Trump falsified business records to cover his alleged affair with Stormy Daniels (and possibly another paramour, too)?Gail Collins: Bret, sex scandal aficionado that I am, I’m sorta tempted to go back and revisit Clinton’s argument that he didn’t lie about Monica Lewinsky because it doesn’t count as having sex if … well, no. Guess not.Bret: To say nothing of Clinton parsing the meaning of the word “is.”Gail: Still, I’d say the Stormy Daniels episode — an ongoing, well-financed cover-up during a presidential campaign — was worse.Bret: Hmm. Trump wasn’t president at the time of the alleged affair the way Clinton was. And Daniels wasn’t a starry-eyed 22-year-old intern whose life got destroyed in the process. And lying under oath is usually a felony, unlike falsifying business records, which is usually treated as a misdemeanor.Gail: If you want to argue that Trump’s not the worst sex-scandal offender, I’m fine with it. Won’t even mention Grover Cleveland …Bret: “Ma, ma, where’s my pa?” Always liked Grover.Gail: Of all the investigations into Trump’s egregious misconduct, this strikes me as almost minor compared with, say, trying to change presidential election results, urging a crowd of supporters to march on the Capitol or illegally taking, retaining and hiding secret government documents or …OK, taking a rest.Bret: Totally agree. My fear is that the indictment will focus the media spotlight on Trump, motivate his base, paralyze his Republican opponents and ultimately help him win the G.O.P. nomination. In the first poll after the indictment, Trump’s lead over his Republican rivals jumped. Maybe that will make it easier for Democrats to hold the White House next year, but it also potentially means we could get Benito Milhous Caligula back in office.The only thing that will hurt Trump is if he’s ignored in the press and beaten at the polls. Instead, we’re contributing to the problem just by speaking about it.Gail: OK, now I’m changing subjects. It hurts my heart to talk about this, but we have to consider the terrible school shooting in Nashville — it doesn’t seem to have moved the needle one centimeter on issues like banning assault weapons or 30-round magazines. Pro-gun lawmakers, in light of the Covenant School shooting, are once again arguing that schools would be safer if the teachers could have their own pistols.Bret: I’m not opposed to an armed cop or a well-trained security guard on school campuses, who might be able to respond much faster to an emergency than the police could. Teachers? Seems like a really, really bad idea.With respect to everything else, I’m sometimes inclined to simply give up. Gun control isn’t realistic in a country with more guns than people. Even if stringent gun control were somehow enacted, it would function roughly the same way stringent drug laws work: People who wanted to obtain guns illegally could easily get them. I think we ought to repeal the Second Amendment, or at least reinterpret it to mean that anyone who wants a gun must belong to a “well-regulated militia.” But in our lifetimes that’s a political pipe dream.So we’re left in the face of tragedies like Nashville’s feeling heartbroken, furious, speechless and helpless.Gail: Your impulse to give up the fight is probably sensible, but I just can’t go there. Gotta keep pushing; we can’t cave in to folks who think it’s un-American to require loaded weapons be stored where kids can’t get at them.Bret: Another side of me wants to agree with you. Let’s ban high-capacity magazines, raise the age threshold for gun purchases and heavily fine people if they fail to properly store weapons. I just wonder if it will make much of a difference.Gail: Well, it sure as hell wouldn’t hurt.Bret: Very true.Gail: Let’s move on before I get deeply depressed. We’re slowly creeping toward an election year — close enough that people who want to run for office for real have to start mobilizing. Anybody you really love/hate out there now?Bret: Next year is going to be a tough one for Senate Democrats. They’re defending 23 of the 34 seats that are up for grabs, including in ever-redder states like Montana and West Virginia.I’d love to see a serious Democratic challenger to Ted Cruz in Texas, and by serious I mean virtually anyone other than Beto O’Rourke. And I’d love to see Kari Lake run for a Senate seat in Arizona so that she can lose again.You?Gail: Funny, I was thinking the same thing about Ted Cruz the other night. Wonderful the way that man can bring us together.Bret: He even brings me closer to Trump. “Lyin’ Ted” was priceless.Gail: Another Senate Republican I hope gets a very serious challenger is Rick Scott of Florida, who made that first big proposal to consider slashing Social Security and Medicare.Bret: Good luck with that. Florida may now be redder than Texas.Gail: You’re right about the Democrats having to focus on defense. The endangered incumbent I’m rooting hardest for is Sherrod Brown of Ohio, who’s managed to be a powerful voice for both liberal causes and my reddish home state’s practical interests.Bret: I once got a note from Brown gently reproaching me for using the term Rust Belt about Ohio. The note was so charming, personable and fair that I remember thinking: “This man can’t have a future in American politics.”Gail: And as someone who’s complained bitterly about Joe Manchin over the years, I have to admit that keeping West Virginia in the Democratic column does require very creative and sometimes deeply irritating political performances.Bret: Aha. I knew you’d come around.I don’t know if you’ve followed this, but Manchin is now complaining bitterly that the Biden administration is trying to rewrite the terms of the Inflation Reduction Act, which, with Manchin’s vote, gave the president his biggest legislative win last year. The details are complicated, but the gist is that the administration is hanging him out to dry. Oh, and he’s also skeptical of Trump’s indictment. Don’t be totally surprised if Manchin becomes a Republican in order to save his political skin.Gail: Hmm, my valuation of said skin would certainly drop . …Bret: Which raises the question: How should partisan Democrats, or partisan Republicans, feel about the least ideologically reliable member of their own parties?Gail: Depends. Did they run as freethinkers who shouldn’t be relied on by their party for a vote? Manchin got elected in the first place by promising to be a Democrat who’d “get the federal government off our backs.” But often this explosion of independence comes as a postelection surprise.Bret: Good point. There should be truth in advertising.Gail: Do they — like Kyrsten Sinema of Arizona — forget their nonpartisanship when it comes to dipping into donations from partisan fund-raisers?And probably most important — is there a better option? If Sinema had to run for re-election this year, which she doesn’t, I would be a super-enthusiastic supporter if the other choice was Lake, that dreadful former talk show host.Any thoughts on your end?Bret: In my younger, more Republican days, I used to dislike ideological mavericks — they made things too complicated. Now that I’m older, I increasingly admire politicians who make things complicated. I know there’s a fair amount of opportunism and posturing in some of their position taking. But they also model a certain independence of thought and spirit that I find healthy in our Age of Lemmings.Gail: Hoping it’s maybe just the Decade of the Lemmings.Bret: If I had to draw up a list of the Senate heroes of my lifetime, they’d be Daniel Patrick Moynihan, John McCain, Howard Baker, Bob Kerrey and Joe Lieberman. And lately I’d have to add Mitt Romney. All were willing to break with their parties when it counted. How about you?Gail: Well, you may remember that a while back I was contemplating writing a book called “How Joe Lieberman Ruined Everything.”Bret: I recall you weren’t his biggest fan.Gail: Yeah, still blaming him for failing to give Al Gore the proper support in that 2000 recount. But I’ve come around on Mitt Romney. He’s become a strong, independent voice. Of course it’s easier to be brave when you’re a senator from a state that would keep re-electing you if you took a six-year vacation in the Swiss Alps. Nevertheless, I’ve apologized for all that obsessing about his putting the dog on the car roof.Bret: I came around on him too. I was very hard on him in 2012. Either he got better or I got wiser.Gail: I was a big admirer of John McCain. Will never forget following him on his travels when he first ran for president in 2000. He spent months and months driving around New Hampshire talking about campaign finance reform. From one tiny gathering to another. Of all the ambitious pols I’ve known he was the least focused on his own fortunes.Bret: I traveled with McCain on his international junkets. He was hilarious, gregarious, generous, gossipy — a study in being unstudied. If he had won the presidency, the Republican Party wouldn’t have gone insane, American democracy wouldn’t be at risk and Sarah Palin would be just another lame ex-veep.Gail: So, gotta end this with the obvious question, Bret. Republican presidential race! You’re a fan of Nikki Haley, but her campaign doesn’t seem to be going much of anywhere, is it? I know you’ve come to detest Ron DeSantis. Other options?Bret: Biden, cryonics or some small island in the South Atlantic, like St. Helena. Not necessarily in that order.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 and Fox News, Twin Titans of Politics, Hit With Back-to-Back Rebukes

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      Donald Trump’s criminal indictment and Fox News’s civil trial have nothing in common, but, combined, they delivered a rare reckoning for two forces that have transformed politics.For the better part of a decade, Donald J. Trump and his allies at Fox News have beguiled some Americans and enraged others as they spun up an alternative world where elections turned on fraud, one political party oppressed another, and one man stood against his detractors to carry his version of truth to an adoring electorate.Then this week, on two consecutive days, the former president and the highest-rated cable news channel were delivered a dose of reality by the American legal system.On Thursday, Mr. Trump became the first former president in history to be indicted on criminal charges, after a Manhattan grand jury’s examination of hush money paid to a pornographic film actress in the final days of the 2016 election.The next day, a judge in Delaware Superior Court concluded that Fox hosts and guests had repeatedly made false claims about voting machines and their supposed role in a fictitious plot to steal the 2020 election, and that Dominion Voting Systems’ $1.6 billion defamation lawsuit against the network should go to trial.A lawyer for Fox News, Dan Webb, center, leaving the first hearing for the Dominion v. Fox case in Wilmington, Del., on March 21.Hannah Beier for The New York TimesBoth defendants dispute the claims. Still, the back-to-back blows against twin titans of American politics landed as a reminder of the still-unfolding reckoning with the tumult of the Trump presidency.For the left, the seismic week delivered an “I told you so” years in the making. Democrats who have long wanted Mr. Trump criminally charged got the satisfaction of watching a prosecutor and a grand jury agree.A day later, after years of arguing that Fox News was hardly fair and balanced, they could read a judge’s finding that Fox had not conducted “good-faith, disinterested reporting” on Dominion. Fox argues that statements made on air alleging election fraud are protected by the First Amendment.While the two cases have nothing in common in substance, they share a rare and powerful potential. In both, any final judgments will be rendered in a courtroom and not by bickering pundits on cable news and editorial pages.“There will always be a remnant, no matter how the matter is resolved in court, who will refuse to accept the judgment,” said Norman Eisen, a government ethics lawyer who served as special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment. “But when you look at other post-upheaval societies, judicial processes reduce factions down to a few hard-core believers.”He added, “A series of court cases and judgments can break the fever.”That, of course, could prove to be a Democrat’s wishful thinking.In this moment of constant campaigning and tribal partisanship, even the courts have had difficulty puncturing the ideological bubbles that Mr. Trump and Fox News pundits have created. The legal system produced a $25 million settlement of fraud charges against Trump University, dismissed dozens of lies about malfeasance in the 2020 election, pressed for the search for missing classified documents and ruled numerous times that Dominion’s machines did not in fact change votes.Yet hundreds of thousands of Americans remain devoted to both defendants.Embarrassing and damaging material has already come out through both cases, with little immediate sign of backlash..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Thousands of text messages, emails and other internal company documents disclosed to Dominion and released publicly portray high-level figures at the network as bent on maintaining ratings supremacy by giving audiences what they wanted, regardless of the truth.Texts show the star prime time host Tucker Carlson calling Mr. Trump a “demonic force,” and the chairman of Fox Corporation, Rupert Murdoch, describing Sean Hannity as “privately disgusted by Trump.”Fox News has said Dominion took private conversations out of context. Its ratings dominance appears untouched by the negative headlines in recent weeks. Data from Nielsen show that in March the 10 top-rated cable shows in America were all on Fox News, led by “Tucker Carlson Tonight,” and that 14 of the top 20 were produced by the network.Still, experts believe the case has already resonated.“I’ve never seen a case before where journalists said they didn’t believe the story they were telling but were going to keep telling it because it’s what the audience wanted to hear,” said Lyrissa Lidsky, a professor of constitutional law at the University of Florida and an expert on defamation law. “It’s a shock wave saying it’s time to get serious about accountability.”Democrats, too, could see their illusions fall. Although many have clamored to see Mr. Trump charged, and felt vindicated this week, the risks of failure are considerable.If Mr. Trump’s lawyers file to have the charges simply dismissed as prosecutorial overreach and quickly win, the consequences would almost certainly strengthen Mr. Trump, who will make the case — and possibly others to follow — central to his primary campaign.But in a court of law, the magnetism that Mr. Trump and Fox News have over their audiences may lose some of its power. No matter how many times the former president insists outside the courtroom that he’s the victim of a political prosecution, inside the courtroom his lawyers will have to address the specific charges. They will win or lose based on legal arguments, not bluster.“I’ve been around for 50 years, and I’ve heard the political argument before,” said Stanley M. Brand, a veteran Washington defense lawyer. Mr. Brand cited the “Abscam” bribery case of the 1970s, when the defendants accused President Jimmy Carter of orchestrating the bribery sting, or the investigation of Senator Robert G. Torricelli, which was also surrounded by charges of politics. “It’s never worked in a court of law.”Members of the media and protesters outside Trump Tower in New York City on Thursday.Hilary Swift for The New York TimesJames Bopp Jr., a conservative defense lawyer, said he agreed with virtually all Republicans that the Manhattan district attorney had coaxed his grand jury to bring forward a specious indictment for the political purpose of damaging Mr. Trump.But, he said, Mr. Trump’s lawyers must answer the charges, not grandstand on the politics.“A charge is not automatically dismissible because it’s brought for political purpose,” he said. “The motive of prosecutors may be pertinent to the broader society. It’s not pertinent to a judge.”The exact charges against Mr. Trump may not be known until he is arraigned on Tuesday. The grand jury that brought the indictment was examining payments to Stormy Daniels and the core question of whether those payments were illegally disguised as business expenditures, a misdemeanor that would rise to a felony if those payments could be labeled an illegal campaign expenditure.If past legal skirmishes are an indication, Mr. Trump is likely to drag the proceedings out for months, if not years, with motion after motion as he builds his third presidential campaign around what he called on Friday the “unprecedented political persecution of the president and blatant interference in the 2024 election.”Likewise, Fox News will almost certainly continue to frame the Dominion case as that of a corporation intent on stifling the First Amendment’s guarantees of free speech and freedom of the press.“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” the network said in a statement Friday.That may be left for a court to decide.Ken Bensinger More

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      Justice Dept. Did Not Indict Trump on Hush Money Charges

      by

      One aspect of the Manhattan district attorney’s indictment of former President Trump that has drawn considerable attention is why a local prosecutor brought charges linked to possible violations of federal campaign laws — and why the Justice Department has not.It is known Mr. Trump was under scrutiny by federal prosecutors in the Southern District of New York some years ago as part of an investigation that also looked at his longtime fixer, Michael D. Cohen. Mr. Cohen eventually went to prison, but Mr. Trump was not charged at the time, or after he left office.The prosecutors and the Justice Department have never said publicly why Mr. Trump was not charged, but some of the reasons appear to concern how the prosecutors viewed Mr. Cohen, who is expected to be involved in the case brought by the district attorney, Alvin L. Bragg.In 2018, the Southern District prosecutors brought charges against Mr. Cohen for paying $130,000 in hush money to the porn star Stormy Daniels during the 2016 presidential campaign. During that investigation, the federal prosecutors concluded that Mr. Trump had directed Mr. Cohen to pay off Ms. Daniels to keep her quiet about a sexual liaison she said she had with Mr. Trump. He has denied her assertion. The Southern District prosecutors accused Mr. Cohen of violating federal campaign finance laws, arguing that the payments to ensure the silence of Ms. Daniels, which were later reimbursed by Mr. Trump, amounted to an illegal donation to the Trump campaign. But the Southern District declined, at the time, to file charges against Mr. Trump.The federal prosecutors, and later Robert S. Mueller III, the special counsel, determined that prosecuting him would have violated a Nixon-era directive from the Justice Department’s Office of Legal Counsel that was interpreted as preventing the indictment of a sitting president.That protection disappeared the moment Mr. Trump left office.Mr. Trump’s defenders have seized on the fact that no federal charges have been brought against the former president in connection with the hush money payment to portray the actions of Mr. Bragg as motivated by partisanship.The federal prosecutors in Manhattan appear to have briefly considered reviving the inquiry into Mr. Trump in January 2021, just before President Biden was sworn in, but decided against doing so, according to the recent book “Untouchable,” by Elie Honig, a former Southern District prosecutor. (The decision was made in New York, and senior department staff members in Washington played no role in the decision, current and former officials said.)Nicholas Biase, a spokesman for the Southern District, declined to comment.The decision not to indict appeared to be rooted in lingering concerns about Mr. Cohen’s credibility and cooperation as a government witness.The Southern District prosecutors had informed Mr. Cohen that he had to provide a comprehensive accounting of his conduct as a condition of a cooperation deal, but he declined to be debriefed on other uncharged criminal conduct, if any, in his past, the prosecutors said in a 2018 court filing.That ran afoul of a longstanding policy followed by the Southern District regarding cooperation agreements, according to current and former Justice Department officials: A potential cooperating witness must divulge the entire range of their criminal conduct over their lifetime to get a deal.It is a rule “that not every U.S. attorney’s office uses” but has become an essential requirement to bringing cases in the Southern District, one of the country’s busiest and most scrutinized legal venues, said Joyce Vance, a former federal prosecutor and University of Alabama law professor, in a post on Substack.Such an accounting must “encompass their entire criminal history, as well as any and all information they possess about crimes committed by both themselves and others,” the Southern District prosecutors wrote in the 2018 court filing that seemed to lament Mr. Cohen’s recalcitrance. The prosecutors said they had found Mr. Cohen to be “forthright and credible.”“Had Cohen actually cooperated, it could have been fruitful,” the prosecutors wrote. But because he did not, the prosecutors said, the “inability to fully vet his criminal history and reliability impact his utility as a witness.”By July 2019, in another court filing, Southern District prosecutors signaled they were unlikely to file additional charges in the hush-money investigation, reporting they had “effectively concluded” their inquiry into efforts to buy the silence of Ms. Daniels and another woman who said she had an affair with Mr. Trump.They did not include any explanation. But in private, federal prosecutors cited concerns that Mr. Trump’s lack of basic knowledge of campaign finance laws would make it hard to prove intent, according to three people familiar with the situation. More