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    Biden’s Response to Trump’s Indictment? 4 Ways to Say No Comment.

    President Biden believes that presidents should not comment on pending legal matters. He also does not want to be baited into a reaction.WASHINGTON — President Biden has nothing to say about the indictment of former President Donald J. Trump. He had so little to say to reporters on Friday, in fact, that he said nothing in four different ways:Would the indictment divide the country? “I have no comment on that.”Was he worried about protests? “No. I’m not going to talk about the Trump indictment.”What did the indictment say about the rule of law? “I have no comment at all.”Are the charges politically motivated? “I have no comment on Trump.”The strategy behind his “no comment” response is twofold: Mr. Biden and his advisers want to avoid a situation in which Mr. Trump tries to bait him into a reaction, according to two people familiar with the thinking inside the White House.But most of all, White House officials say, Mr. Biden believes that presidents should not comment on pending legal matters. (Not commenting on legal investigations, of course, was a common practice for presidents until Mr. Trump took office.)Mr. Biden’s strategy encapsules the argument he is making as he prepares to run for a second term, with Mr. Trump as a potential opponent: that he can project calm and competence while Mr. Trump continues to sow chaos.So, as he fielded questions while leaving the White House to visit a part of Mississippi that has been battered by recent storms, the president almost studiously ignored his predecessor, who has gone on the attack against Democrats and members of the Biden family since the indictment news broke.The strategy, now and always, has been not to respond, even in recent days, when Mr. Trump warned of “potential death and destruction” if he were to face indictment. Early Friday morning, Mr. Trump posted a message to his social media account: “WHERE’S HUNTER?” — a reference to Mr. Biden’s son, Hunter Biden, who is facing a federal investigation into his business dealings.“Absolutely, they should stay the hell out of it,” David Axelrod, a former adviser to President Barack Obama, said in an interview. “There’s nothing that Trump wants more than for the White House to try to chime in. It would help him make this whole thing look like a big Democratic political conspiracy, which it’s not.”The indictment of Mr. Trump, which stems from his role in paying hush money to a porn star, is a first that will test the country’s legal and political institutions. Still, Mr. Biden has faced questions about Mr. Trump’s legal exposure for years. In October 2020, Mr. Biden was asked by George Stephanopoulos of ABC how a Biden Justice Department would handle the evidence produced in the Mueller investigation, which examined the Trump campaign’s ties to Russia and interference in the 2016 election.People in favor of the indictment posed for pictures in front of the White House. Kenny Holston/The New York Times“What the Biden Justice Department will do is let the Department of Justice be the Department of Justice,” Mr. Biden said. “Let them make the judgments of who should be prosecuted. They are not my lawyers. They are not my personal lawyers.”But he does have opinions. In the past, Mr. Biden privately told his close circle of advisers that Mr. Trump posed a threat to democracy and should be prosecuted for his role in the events of Jan. 6, according to two people familiar with his comments. He also told confidants that he wanted Attorney General Merrick B. Garland to stop acting like a ponderous judge and to take decisive action.For now, the president and his advisers are waiting to see what the charges against Mr. Trump will be. The former president faces other legal peril as well: Prosecutors in Georgia are expected to make a decision soon on whether to seek indictments in their investigation of Mr. Trump and some of his allies over their efforts to interfere with the results of the 2020 presidential election in the state.There is little appetite inside the Biden administration to raise the temperature. In Africa on Friday, Vice President Kamala Harris, a former prosecutor, also declined to answer questions on Mr. Trump: “I am not going to comment on an ongoing criminal case as it relates to the former president,” Ms. Harris said during a news conference with the president of Zambia.On Friday, the Bidens walked among destroyed buildings in Rolling Fork, Miss., pausing to speak to families who had lost their homes in storms that have killed at least 21 people. At several points, Mr. Biden leaned down to talk to children, and the first lady chatted with workers who had been trying to clear the debris.Eric Schultz, a former spokesman for Mr. Obama, said that the president’s trip to Mississippi was likely to generate far fewer headlines than the Trump indictment, but that there was little reason for Mr. Biden, who is expected to announce a re-election campaign in the coming weeks, to step in as “the narrator” of Mr. Trump’s legal saga.“He’s so focused on what people are experiencing in their day-to-day lives,” Mr. Schultz said. “That’s where he should stay, no matter how many times his predecessor gets indicted.”Michael D. Shear contributed reporting from Rolling Fork, Miss. More

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    Donald Trump también debe responder ante la justicia

    Por primera vez en la historia de Estados Unidos, un gran jurado ha acusado formalmente a un expresidente del país. Donald Trump estuvo durante años, como candidato, en la presidencia y tras su salida de ella, ignorando las normas y los precedentes democráticos y legales, intentando plegar al Departamento de Justicia y al poder judicial a sus caprichos y comportándose como si él no estuviese sujeto a las reglas.Como demuestra su acusación, sí lo está.El reiterado desprecio por la ley suele conducir a una acusación penal, y esa es la consecuencia a la que se enfrenta hoy Trump. Los fiscales federales y estatales hicieron bien en dejar de lado las preocupaciones por las consecuencias políticas, o la reverencia por la presidencia, e iniciar exhaustivas investigaciones penales sobre la conducta de Trump en al menos cuatro casos. La investigación del fiscal de distrito de Manhattan es la primera que conduce a una acusación formal.Trump transformó por completo la relación entre la presidencia y el Estado de derecho, y a menudo afirmaba que el presidente está por encima de la ley. De modo que es adecuado que sus actos como presidente y como candidato sean ahora ponderados oficialmente por jueces y jurados, con la posibilidad de que se enfrente a sanciones penales. Trump dañó gravemente las instituciones políticas y legales de Estados Unidos, y volvió a amenazarlas con llamados a protestas generales cuando fuera acusado. Sin embargo, esas instituciones han demostrado ser lo bastante fuertes para exigirle responsabilidades por ese daño.Un sano respeto por el sistema legal también requiere que los estadounidenses dejen de lado sus opiniones políticas a la hora de formarse un juicio sobre estos casos. Aunque Trump pidió habitualmente que el FBI investigara a sus enemigos, que fueran imputados o enfrentaran la pena de muerte, su indiferencia hacia las garantías procesales para los demás no debería negarle los beneficios del sistema, incluidos un juicio imparcial y la presunción de inocencia. Al mismo tiempo, ningún jurado debería extenderle ningún privilegio como expresidente. Debería seguir los mismos procedimientos que cualquier otro ciudadano.La acusación es aún confidencial, y es posible que no se conozcan los cargos contra Trump hasta dentro de unos días. Pero Alvin Bragg, el fiscal de distrito, ha estado investigando un caso de posible fraude e infracciones por parte de Trump en la financiación de su campaña, al ocultar los pagos que le hizo a la estrella del cine porno Stormy Daniels antes de las elecciones de 2016. Sus actos —utilizar dinero para silenciar a los críticos y ocultar información políticamente perjudicial— estuvieron mal. La pregunta que se le planteará al jurado es si esa conducta alcanza el umbral suficiente para ser susceptible de una condena por delito grave.Si son esas las acusaciones, la condena dependerá de demostrar que Trump participó en la falsificación de registros mercantiles mientras se infringía la ley sobre financiación de campañas, una estrategia jurídica un tanto novedosa. La falsificación de registros puede ser imputable como delito menor en Nueva York; para que sea un delito más grave, se debe probar que lo hizo junto con un segundo delito, en este caso, una posible vulneración de la ley en la financiación de la campaña. El expresidente, que aspira a un segundo mandato en 2024, ha negado las acusaciones y ha dicho que la causa presentada contra él por Bragg, demócrata, obedece a motivaciones políticas.Si bien algunos expertos jurídicos han cuestionado la teoría en que se apoya el caso de Bragg, no hay ninguna base para acusarlo de motivaciones políticas, una afirmación que Trump ha hecho durante muchos años, cada vez que se investigaba su conducta. Del mismo modo que a los miembros del jurado se les instruye para que ignoren las pruebas indebidamente introducidas en un juicio, también deberán ignorar todas las insinuaciones sin fundamento de los partidarios y los defensores de Trump en estos casos, y juzgarlas estrictamente por sus méritos.Tres de las otras investigaciones que podrían dar lugar a acusaciones son más graves, porque conllevan acusar a Trump, no solo de haber vulnerado la ley, sino también de haber abusado de su cargo presidencial.Las imputaciones contra él en Georgia están entre las más vergonzosas. Fani Willis, fiscal de distrito del condado de Fulton, está considerando presentar cargos penales contra varias personas, incluido Trump, por intentar anular los resultados de las elecciones presidenciales de 2020 en ese estado, que ganó el presidente Biden por 11.779 votos. Trump presionó repetidas veces al secretario de Estado de Georgia, Brad Raffensperger, para que “buscara” votos adicionales que pudieran cambiar el resultado de las elecciones en el estado, parte de un plan para socavar la voluntad de los votantes.Un gran jurado especial formado por Willis recomendó en febrero que se presentaran cargos en el caso; todavía se desconoce qué personas o acusaciones se incluirán en las recomendaciones del gran jurado o a quién podría intentar acusar Willis, si es que procede.Una investigación del Departamento de Justicia federal dirigida por un fiscal especial, Jack Smith, también podría dar lugar a acusaciones formales contra Trump. Smith está investigando los intentos del expresidente de impedir el traspaso pacífico del poder el 6 de enero de 2021, cuando Trump incitó a una turba armada que atacó el Capitolio de Estados Unidos, amenazando a los legisladores allí reunidos para certificar los resultados de las elecciones presidenciales. Un informe del Senado realizado por los dos partidos concluyó que siete muertes estaban relacionadas con el ataque.El equipo de Smith también está investigando al expresidente por su indebido manejo de los documentos clasificados que fueron retirados de la Casa Blanca y llevados a Mar-a-Lago, su residencia privada en Florida. En el caso se han recuperado unos 300 documentos clasificados. Los fiscales también están estudiando si Trump, sus abogados o miembros de su personal trataron de confundir a los funcionarios del Estado que pidieron la devolución de los documentos.Además de los cargos penales, Trump se enfrenta a varias demandas civiles. La fiscal general de Nueva York, Letitia James, ha demandado al expresidente por inflar de forma “flagrante” y fraudulenta el valor de sus activos inmobiliarios. Tres de los hijos adultos de Trump también figuran en la demanda. Un grupo de policías del Capitolio y legisladores demócratas han demandado al presidente, aduciendo que sus actos del 6 de enero incitaron a la turba que les provocó daños físicos y emocionales. E. Jean Carroll, una escritora que acusó a Trump de haberla violado, ha demandado al expresidente por difamación. Trump niega las acusaciones.Sin duda, procesar al expresidente ahondará las divisiones políticas existentes que tanto daño han hecho al país en los últimos años. Trump ya ha avivado esa división, al tachar a los fiscales que están detrás de las investigaciones —varios de ellos personas negras— de “racistas”. Afirmó en un mensaje publicado en las redes sociales que sería detenido, y se dirigió así a sus simpatizantes: “¡PROTESTEMOS, RECUPEREMOS NUESTRA NACIÓN!”. Con ese lenguaje, estaba repitiendo el grito de guerra que precedió a los disturbios en el Capitolio. Las autoridades de la ciudad de Nueva York, que no se arriesgan a que se repitan los actos de los partidarios de Trump, se han estado preparando para la posible agitación.Esas acusaciones del expresidente están claramente dirigidas a socavar las denuncias contra él, protegerse de las consecuencias de su mala conducta y utilizar los casos para su beneficio político. Los dos fiscales de distrito en estas causas son demócratas electos, pero su raza y sus afinidades políticas no tienen ninguna relevancia para los procesos judiciales. (Smith no está afiliado a ninguno de los dos partidos). No obstante, el presidente de la Cámara de Representantes, Kevin McCarthy, demostró de inmediato la intención de su partido de politizar la imputación al calificar a Bragg de “fiscal radical” que persigue “la venganza política” contra Trump. McCarthy no tiene la jurisdicción sobre el fiscal de distrito de Manhattan ni le corresponde interferir en un proceso penal y, sin embargo, se ha comprometido a que la Cámara de Representantes determine si la fiscalía de Bragg está recibiendo fondos federales.La decisión de procesar a un expresidente es una tarea solemne, sobre todo teniendo en cuenta las profundas fisuras nacionales que Trump exacerbará, inevitablemente, a medida que se acerque la campaña de 2024. Pero el costo de no buscar la justicia contra un dirigente que puede haber cometido esos delitos sería aún más alto.El Comité Editorial es un grupo de periodistas de opinión cuyas perspectivas están sustentadas en experiencia, investigación, debate y ciertos valores arraigados por mucho tiempo. Es una entidad independiente de la sala de redacción. More

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    Former Trump Officials Must Testify in 2020 Election Inquiry, Judge Says

    The ruling paves the way for testimony from Mark Meadows and others. Separately, a Trump lawyer appeared before a grand jury looking into the former president’s handling of classified documents.A federal judge has ruled that a number of former officials from President Donald J. Trump’s administration — including his former chief of staff, Mark Meadows — cannot invoke executive privilege to avoid testifying to a grand jury investigating Mr. Trump’s efforts to overturn the 2020 election.The recent ruling by Judge Beryl A. Howell paves the way for the former White House officials to answer questions from federal prosecutors, according to two people briefed on the matter.Judge Howell ruled on the matter in a closed-door proceeding in her role as chief judge of the Federal District Court in Washington, a job in which she oversaw the grand juries taking testimony in the Justice Department’s investigations into Mr. Trump. Judge Howell’s term as chief judge ended last week.The existence of the sealed ruling was first reported by ABC News.Mr. Trump’s lawyers had tried to rebuff the grand jury subpoenas issued to more than a half-dozen former administration officials in connection with the former president’s efforts to remain in office after his defeat at the polls. The lawyers argued that Mr. Trump’s interactions with the officials would be covered by executive privilege.Prosecutors are likely to be especially eager to hear from Mr. Meadows, who refused to be interviewed by the House select committee that investigated the Jan. 6, 2021, attack on the Capitol. Mr. Meadows was a central player in various efforts to help Mr. Trump reverse the election outcome in a number of contested states.Before he stopped cooperating with the committee, Mr. Meadows provided House investigators with thousands of text messages that gave them a road map of events and people to interview. He has also appeared before a fact-finding grand jury in Fulton County, Ga., investigating the efforts to overturn the election, according to the grand jury’s forewoman, who described him as not very forthcoming.Mr. Meadows’s lawyer, George Terwilliger, did not respond to a phone call on Friday seeking comment.Other officials whose grand jury testimony Judge Howell compelled in her order vary in significance to the investigation, and in seniority. They include John McEntee, who served as Mr. Trump’s personnel chief and personal aide; Nick Luna, another personal aide; Robert C. O’Brien, who was national security adviser; Dan Scavino, who was a deputy chief of staff and social media director in the White House; John Ratcliffe, the director of national intelligence; Stephen Miller, Mr. Trump’s speechwriter and adviser; and Ken Cuccinelli, who served as acting deputy secretary of homeland security.Word of the ruling came as the Justice Department pressed ahead in its parallel investigation into Mr. Trump’s handling of classified documents after leaving office and whether he obstructed the government’s efforts to reclaim them. The twin federal investigations are being led by Jack Smith, the special counsel who was appointed after Mr. Trump announced his latest candidacy in November.In the documents case, one of the central witnesses, M. Evan Corcoran, a lawyer who represented Mr. Trump in the inquiry, appeared before a grand jury on Friday after both Judge Howell and a federal appeals court in Washington rejected his attempts to avoid answering questions by asserting attorney-client privilege on behalf of Mr. Trump, according to two people familiar with the matter..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.In making her ruling last week to force Mr. Corcoran to testify, Judge Howell upheld the government’s request to invoke the crime-fraud exception, a provision of the law that allows prosecutors to work around attorney-client privilege if they have reason to believe that legal advice or services were used to further a crime. The judge also said that Mr. Corcoran would have to turn over some documents related to his representation of Mr. Trump.Judge Howell’s order exposed the continuing legal peril confronting Mr. Trump, as it noted that Mr. Smith’s team had made “a prima facie showing that the former president committed criminal violations,” according to people familiar with the decision.Her order made clear that prosecutors have questions not just about what Mr. Trump told Mr. Corcoran as he prepared to respond to a grand jury subpoena seeking any remaining classified material in Mr. Trump’s possession, but who else may have influenced what Mr. Corcoran told Justice Department officials, according to people familiar with the ruling.In December, another lawyer for Mr. Trump, Timothy Parlatore, also appeared in front of the grand jury, to answer questions about a subpoena prosecutors had issued in May seeking all classified material in the possession of the custodian of records for Mr. Trump’s presidential office.Mr. Parlatore said on Friday that he had gone in front of the grand jury because at that point Mr. Trump’s office no longer had a custodian of records. He also said that he had been involved in several efforts to comply with the subpoena in the weeks and months after the F.B.I., acting on a search warrant in August, hauled away hundreds of classified documents from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.Among the things that Mr. Parlatore said he discussed with the grand jury were additional searches he oversaw at the end of last year, of other properties belonging to Mr. Trump, including Trump Tower in New York; Mr. Trump’s golf club in Bedminster, N.J.; and a storage site in West Palm Beach, Fla.During the search of the storage site, investigators found at least two more documents with classified markings.During his grand jury testimony, Mr. Parlatore said he also mentioned an empty folder bearing the words “classified evening summary” that had remained on Mr. Trump’s bedroom night stand even after the F.B.I.’s search of Mar-a-Lago.He said prosecutors immediately drew up a subpoena for the folder, demanding its return.“The D.O.J. is continuously stepping far outside the standard norms in attempting to destroy the long-accepted, long-held, constitutionally based standards of attorney-client privilege and executive privilege,” a Trump spokesman said in a statement, saying the cases are political and that “there is no factual or legal basis or substance to any case against President Trump.”Prosecutors in Mr. Smith’s office have also been pressing forward with seeking grand jury testimony in a separate investigation into Mr. Trump’s handling of classified documents after he left office. 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    Fox Argues Top Executives Weren’t Involved in Voter Fraud Broadcasts

    Lawyers for the company, which faces a $1.6 billion defamation lawsuit, are pushing for a judge to rule in their favor before a trial.WILMINGTON, Del. — Fox Corporation executives, including Rupert and Lachlan Murdoch, had no direct involvement in what aired on the company’s cable news channels, and therefore their company should not be found liable in a $1.6 billion defamation case, lawyers for Fox argued Wednesday in a Delaware court.The argument was part of Fox’s request for a pretrial victory. Dominion Voting Systems has accused both Fox News and its parent company, Fox Corporation, of defaming the business. Dominion says Fox’s shows repeatedly linked its voting machines to a vast conspiracy of fraud in the 2020 presidential election.Erin Murphy, a lawyer for both Fox Corporation and Fox News, said there was no evidence that corporate executives were involved in the Fox News shows in question. She said Dominion would need to show that they had directly participated in the broadcasts to meet the high standard needed to prove defamation.Ms. Murphy conceded that some of the executives had the power to bar certain guests from the shows, but said: “It’s not enough for them to show that they have the ability to step in. They have to have been involved.”Fox has asked that Fox Corporation be dropped from the lawsuit.Dominion must prove that Fox knowingly broadcast false information about the company, or was reckless enough to disregard substantial evidence that the claims were not true. Defamation cases have traditionally proved hard to win because of the First Amendment’s broad free speech protections. But legal experts say Dominion may have enough evidence to clear that high bar.Dominion, too, is asking for summary judgment; its legal team gave its arguments in Delaware Superior Court on Tuesday. The judge, Eric M. Davis, said he would make his decision by April 11. A jury trial is scheduled to start April 17.Judge Davis told both sides on Wednesday that he preferred for trial witnesses to appear in person rather than over a video link, setting up the possibility that Fox News hosts like Maria Bartiromo and Tucker Carlson could show up. He said Rupert Murdoch might also be compelled to testify in person, though he did not issue any decisions on the matter.Fox lawyers had submitted a letter to the judge on Monday asking that Mr. Murdoch and some other executives not be compelled to testify, saying that it would amount to “hardships” on the witnesses and that their testimony would “add nothing other than media interest.”After Fox finished its arguments, a lawyer for several media outlets, including The New York Times, asked the judge to review redactions that Fox had made to some of the communications it handed over, arguing that Fox kept too much confidential. Judge Davis said he would consider the request.Judge Davis also remarked on a lawsuit filed in Delaware on Monday by a Fox News producer, Abby Grossberg. She argues that Fox lawyers coerced her into providing misleading information in her deposition in the Dominion lawsuit.Judge Davis said the lawsuit had been originally assigned to him but then given to another judge in Delaware Superior Court.Fox News said in a statement on Wednesday: “Despite the noise and confusion that Dominion has generated by presenting cherry-picked quotes without context, this case is ultimately about the First Amendment protections of the media’s absolute need to cover the news.” More

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    Trump Claims He’s Ready for Perp Walk if Indicted

    Those who have spent time with Donald Trump in recent days say he has often appeared significantly disconnected from the severity of his potential legal woes.Donald J. Trump claims he is ready for his perp walk.Behind closed doors at Mar-a-Lago, the former president has told friends and associates that he welcomes the idea of being paraded by the authorities before a throng of reporters and news cameras. He has even mused openly about whether he should smile for the assembled media, and he has pondered how the public would react and is said to have described the potential spectacle as a fun experience.No one is quite sure whether his remarks are bravado or genuine resignation about what lies ahead.If he is truly looking forward to it, he might be disappointed.There is no indication, even if Mr. Trump is charged, that the authorities would have him take part in that storied New York City law-enforcement tradition known by detectives and crime reporters alike — walking the newly arrested past a cluster of journalists. If Mr. Trump is indicted and surrenders voluntarily, arrangements are likely to be made between the Secret Service and law enforcement to avoid a media circus.Another person who has spoken with Mr. Trump, who was not authorized to speak publicly, said the former president was less concerned with the particulars of where he would be seen than with being assured of the opportunity to show the public he is not slinking away in shame.As he waits for a likely criminal indictment — making him the first current or former American president to face criminal charges — Mr. Trump has often appeared significantly disconnected from the severity of his potential legal woes, according to people who have spent time with him in recent days. He has been spotted zipping around his Palm Beach resort in his golf cart and on one recent evening acted as D.J. at a party with his personally curated Spotify playlists, which often include music from the Rolling Stones to “The Phantom of the Opera.”When Mr. Trump has focused on the case — one of four criminal investigations in Georgia, New York and Washington now facing the front-runner for the Republican Party’s presidential nomination — he has concentrated on projecting strength and avoiding any signals of shame over his circumstances, an approach that mirrors his handling of repeated political crises and his flair for creating dramatic, made-for-TV moments. Seeing Mr. Trump after a court appearance could also galvanize his supporters, whom Mr. Trump urged over the weekend to protest in the event of his arrest.“He wants to be defiant — to show the world that if they can try to do this to him, they can do it to anyone,” said one person who spoke to Mr. Trump over the weekend.A Trump campaign spokesman did not respond to a request for comment.Mr. Trump has been both invigorated and angered by the prospect of being arrested, according to those who have spoken with him. And he has also entertained a certain amount of magical thinking.For decades, according to people who worked with him years ago at the Trump Organization, Mr. Trump — who was first criminally investigated in the 1970s — was plainly frightened of being arrested. He spent years cultivating officials who might have influence over investigations into him or his company.Supporters of Mr. Trump gathered outside his Mar-a-Lago resort in Florida on Tuesday.Josh Ritchie for The New York TimesHe has discussed the prospect that his recent pressure campaign — a series of personal, unproven and provocative attacks he has unleashed against investigators, Democrats and fellow Republicans — might persuade Alvin L. Bragg, the Manhattan district attorney, to walk away from the case.That notion, according to legal experts, is highly unlikely, but Mr. Trump has a long history of believing he can bend external events to his will, and has sometimes succeeded.Mr. Bragg, who was a senior official in the New York attorney general’s office that brought a bevy of lawsuits against Mr. Trump’s administration, has publicly stated that his legal decisions would not be swayed by politics.Mr. Trump has a history of emerging from political scandals that would have ruined most traditional politicians.Even before Mr. Trump was elected, in October 2016, The Washington Post made public an outtake of Mr. Trump doing an interview with “Access Hollywood” a decade earlier and boasting about grabbing women’s genitals without their consent. As Republicans called for him to drop out that weekend, Mr. Trump’s impulse was to go to the street, where dozens of his supporters had gathered, and immerse himself in the crowd.And then years later in 2021, Mr. Trump sulked about his political future inside Mar-a-Lago. He had just been impeached for a second time, after his supporters rioted at the Capitol in an attempt to overturn his election defeat. People who spent time with him in those first post-White House months described a startling melancholy in his tone and hints of self-reflection as he sighed about his advanced age and expanding waistband.“The Good Lord’s given me good health up to now — but you never know,” he told one person at the time.But Mr. Trump slowly found relief in a new routine, playing 36 holes of golf a day and timing his arrival at dinner on the Mar-a-Lago terrace with nightly standing ovations from dues-paying members who were already seated. By June, Mr. Trump had again started hosting his signature campaign-style mega-rallies.Two years later, Mr. Trump has not only defied the expectations of many who believed he would never again seek public office, but he has also emerged as the strong favorite to win his third consecutive Republican presidential nomination.The experience has intensified Mr. Trump’s confidence in his old playbook, and his aides view the pending indictment — and the potential for more to come — as an asset for the campaign as they use the investigations to increase fund-raising and watch as primary rivals walk a careful line between criticizing prosecutors and backing Mr. Trump.Mr. Trump has again demonstrated his grip on Republican voters. But questions remain about whether his time-tested methods of galvanizing his supporters are worth the political costs he has paid with independent swing voters and moderate Republicans.These voters have turned on Mr. Trump, as well as many of the candidates and causes he has backed, for three consecutive election cycles that have ended in disappointment for his party.Mr. Trump, for now, appears content to follow his own formula for crisis communications, a method that eschews long-term planning for short-term gains. Mr. Trump has long emphasized the importance of winning the next headline at virtually any cost and with little regard for what happens next.On Saturday morning, Mr. Trump set off a frenzied news cycle by announcing on social media that he would be arrested within three days. Mr. Trump then visited one of his nearby golf courses, leaving his team to clarify that he had no direct knowledge of the timing of an arrest.By Saturday afternoon, Mr. Trump escaped the controversy by flying to the exact location of another past political humiliation: the BOK Center in Tulsa, Okla., where a sparse crowd attended his first pandemic-era rally on June 20, 2020.This time, on Saturday, Mr. Trump was not standing apart from the crowd but rather walking among it, his dark blue suit and red tie contrasting with a crowd outfitted mostly in T-shirts, hoodies and sports jerseys to watch the N.C.A.A. Division I wrestling championships.He chatted with wrestlers after their matches, met a few coaches and entertained a few brief chants in his honor — a performance aimed at showing swagger and masking any concern about a pending arrest.“He’s entirely focused,” one staff member remarked, “on the wrestlers.”Jonathan Swan More

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    Fox and Dominion Urge Judge to Rule on Case

    At the start of a pretrial hearing for the $1.6 billion defamation trial, the judge said he was still weighing whether to issue a summary judgment.A Delaware judge overseeing Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News said in a pretrial hearing on Tuesday that he was still weighing whether to issue a summary judgment for either side in the case.In a hearing in Wilmington, Del., on Tuesday, lawyers for Fox News and Dominion both pushed the judge, Eric M. Davis of the Delaware Superior Court, to rule on the case without a jury. Dominion, an election technology company, is accusing Fox of spreading false claims of widespread vote-rigging in the 2020 presidential election.“I haven’t made a decision,” Judge Davis said.The case centers on Fox’s coverage of the 2020 election, when President Donald J. Trump and his supporters began to spread false claims about widespread voter fraud.On Tuesday, Dominion argued that a trove of internal communications and depositions it had obtained showed that Fox executives and hosts had known that some of the claims about election fraud were false but had given them airtime anyway. Fox asked Judge Davis to dismiss the case outright, saying its actions were protected by the First Amendment.A trial is scheduled to begin on April 17.The lawsuit poses a sizable threat to Fox’s business and reputation. Dominion must prove that Fox knowingly broadcast false information about the company, or was reckless enough to disregard substantial evidence that the claims were not true — a legal standard known as “actual malice.” While defamation cases have traditionally proved hard to win, legal experts say Dominion may have enough evidence to clear that high bar.Justin Nelson, a lawyer for Dominion, told the court that it had plenty of evidence that Fox knew what it was doing.Mr. Nelson cited, for example, an excerpt from a deposition by Joe Dorrego, the chief financial officer of Fox News, who was asked whether Rupert and Lachlan Murdoch, the top executives of Fox News’s parent company, knew that the claims were being aired on the network. Mr. Dorrego answered: “They were certainly aware that the allegations were being reported on Fox News.”“They allowed people to come on the air to make those charges, despite knowing they are false,” Mr. Nelson told the judge.Erin Murphy, a lawyer for Fox, argued in court on Tuesday that a reasonable viewer of Fox News and Fox Business would have understood that the hosts were merely reporting that the president and his lawyers were making the fraud claims, which was newsworthy, and not making factual statements.“We do not think that we are just scot-free simply because a guest said something rather than a host,” Ms. Murphy said. “What we resist is that Dominion’s position seems to be that we are automatically liable because a guest said something.”Ms. Murphy told the judge that there was more context for the shows and statements singled out by Dominion in its complaint that proved the hosts had been merely presenting statements of fact. As an example, she referred to a Dec. 12, 2020, broadcast of “Fox & Friends,” during which the hosts asked Mr. Trump’s lawyer, Rudy Giuliani, about legal challenges relating to voter fraud.“I don’t see how somebody watching that show thinks that by merely asking the president’s lawyer ‘What are you alleging and what evidence do you have to support it?’ the hosts are saying we believe these allegations to be true,” Ms. Murphy said.Ms. Murphy added that there was no evidence that any Fox Corporation executive had been involved in the airing of defamatory statements.Lawyers for Fox are scheduled to finish their arguments before the judge on Wednesday. More

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    Trump Could Stand in the Middle of Fifth Avenue and Not Lose Mike Pence

    Mike Pence wants to have it both ways.He wants to be the conservative hero of Jan. 6: the steadfast Republican patriot who resisted the MAGA mob and defended the institutions of American democracy. “Make no mistake about it,” Pence said at the Gridiron Club Dinner in Washington, D.C., this month. “What happened that day was a disgrace, and it mocks decency to portray it in any other way. President Donald Trump was wrong. I had no right to overturn the election and his reckless words endangered my family and everyone at the Capitol that day.”But Mike Pence also wants to be president. And he can’t fully repudiate the previous Republican president if he hopes to win the Republican presidential nomination, especially when that president is still on the stage, with a commanding role in Republican politics.The result is that Mike Pence has to talk out of both sides of his mouth. With one breath, he takes a righteous stand against the worst dysfunction of the Trump years. “We have to resist the politics of personality, the lure of populism unmoored by timeless conservative values,” Pence said last week while speaking to an audience of Republican donors in Keene, N.H.With his next breath, however, Pence rejects any effort to hold Trump accountable, especially when it asks him to do something more than give the occasional sound bite. Asked to testify about the events surrounding Jan. 6, Pence says no. Faced with a grand jury subpoena forcing him to testify, Pence says he’ll challenge it, under the highly dubious theory that as president of the Senate he was a legislative officer who, like other lawmakers, was covered by the “speech or debate” clause of the Constitution and thus free of any obligation to testify.When asked this past weekend about potential criminal charges against the former president — possibly for falsifying records of a hush money payment to Stormy Daniels, a porn star whose real name is Stephanie Clifford — Pence deflected, telling ABC News, “At the time when there’s a crime wave in New York City, the fact that the Manhattan D.A. thinks that indicting President Trump is his top priority I think just tells you everything you need to know about the radical left.”Who will hold Trump accountable, according to Pence? No one living. “History will hold Donald Trump accountable,” he said, as if “history” has agency separate from the people who make or write it.In fairness to Pence, he’s not the only Republican hedging his bets. None of Trump’s rivals — or anyone else who hopes to have a future in Republican politics — views either the investigation into his behavior or the potential charges against him as legitimate.“Here we go again — an outrageous abuse of power by a radical D.A. who lets violent criminals walk as he pursues political vengeance against President Trump,” tweeted House Speaker Kevin McCarthy.“I’m directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions,” he added, without irony.“The Manhattan district attorney is a Soros-funded prosecutor. And so he, like other Soros-funded prosecutors, they weaponize their office to impose a political agenda on society at the expense of the rule of law and public safety,” said the governor of Florida, Ron DeSantis, the pot calling the kettle black.Nikki Haley, the former governor of South Carolina and current presidential aspirant, has been silent on the matter, and the long-shot candidate Vivek Ramaswamy, a venture capitalist, condemned the potential Trump indictment as a “disastrously politicized prosecution.”Whether or not you think it is a good idea to indict Trump in this particular case, it is striking to see how Republicans commit to the former president when asked to speak to his alleged crimes.But it speaks to a larger point, beyond the double-talk of Pence or the deflection and avoidance of other Republican politicians. Trump may not be as strong as he was as president. He may have been wounded by the long investigations into Jan. 6 and diminished by the failure of many of his handpicked MAGA candidates in the midterm elections. And yet, Trump is still the dominant figure in Republican politics. He still occupies the commanding heights of the Republican Party. And there’s no one — not DeSantis or Haley or any other potential contender — ready to challenge Trump for control of the party.There was hope, after the 2020 presidential election, that after his defeat Trump would somehow fade away. He didn’t. There was hope, after his failed putsch, that his time in the spotlight was over. It wasn’t. And there was hope, after the 2022 elections, that MAGA had run its course and Trump along with it. Wrong again.The only way to remove Trump from the board — to neutralize his influence in the Republican Party and to keep him out of power — is for Republicans to move against him with as much force as they can muster. It was true in 2015, when Republican elites could have coordinated themselves against him when he was still a curiosity and not the leading candidate for the nomination; it was true in 2019 and 2021 when he was impeached by the House, and it’s true now.Republicans can’t avoid conflict if they want to be free of Trump. They have no choice but to condemn him, reject his influence and refuse to defend his criminality.We can see, of course, in this instance and so many others that they won’t. Among Republicans with an ambition to lead, there’s no one who will take that step. Which tells us all we need to know about the state of the Republican Party. It was Trump’s when he was president, it is Trump’s while he’s still a private citizen, and it will be Trump’s next year, when the presidential race starts in earnest.Put differently, if there’s no voter Trump could lose if he stood in the middle of Fifth Avenue and shot somebody, as Trump famously said, there are probably no leading Republican politicians who would leave his camp, either. Hell, they might even say the victim deserved it.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’s Georgia Lawyers Seek to Quash Special Grand Jury Report

    In a motion filed on Monday, the lawyers ask that the Fulton County district attorney’s office be recused from the criminal investigation into election interference in the state in 2020.ATLANTA — Lawyers for former President Donald J. Trump filed a motion in a Georgia court on Monday seeking to quash the final report of a special grand jury that investigated whether Mr. Trump and some of his allies interfered in the 2020 election results in Georgia. The motion also seeks to “preclude the use of any evidence derived” from the report, and asks that the office of Fani T. Willis, the Fulton County district attorney, be recused from the case.The move comes as Mr. Trump has started pushing back more broadly against several criminal investigations into his conduct. Over the weekend, Mr. Trump said in a social media post that he would be arrested on Tuesday as part of an investigation by the Manhattan district attorney into a hush money payment he made to to a porn actress, and called on his supporters to protest.In Georgia, Mr. Trump is seen as having two main areas of legal jeopardy: the calls he made in the weeks after the 2020 election to pressure state officials to overturn the results there, and his direct involvement in efforts to assemble an alternate slate of electors, even after three vote counts affirmed President Biden’s victory in the state. Experts have said that Ms. Willis appears to be building a case that could target multiple defendants with charges of conspiracy to commit election fraud or charges related to racketeering.Notice of the filing appeared in the official court docket on Monday morning, but the filing itself was not yet public, so the lawyers’ reasoning was not yet clear. Mr. Findling acknowledged that he had filed it on Mr. Trump’s behalf, along with Ms. Little and another lawyer from Mr. Findling’s firm, Marissa Goldberg.Last month, Mr. Trump’s lawyers in the Georgia case, Drew Findling and Jennifer Little, said that the forewoman of the special grand jury in Fulton County had “poisoned” the inquiry there by granting a number of media interviews in which she discussed details of the jury’s work. Last week, five other jurors discussed aspects of their work in an interview with The Atlanta Journal-Constitution.The Fulton County special grand jury was sworn in last May and met behind closed doors for months, hearing testimony from 75 witnesses. It did not have the power to issue indictments; rather, it produced a report containing recommendations on whether and whom to indict. Portions of the report were released in January, but key sections remain under seal, including those detailing which people the jury believes should be indicted, and for what crimes.Drew Findling, a lawyer for Mr. Trump, in Atlanta in 2021.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressIn interviews late last month with a number of news outlets, the forewoman, Emily Kohrs, did not divulge specific details of the jury’s recommendations, although she told The New York Times that the jury had recommended indictments for more than a dozen people. Asked if Mr. Trump was among them, she said: “You’re not going to be shocked. It’s not rocket science.”In her round of interviews, Ms. Kohrs, 30, said she was trying to carefully follow rules set out by the judge presiding over the case, Robert C.I. McBurney of Fulton County Superior Court. Judge McBurney has not barred the jurors from talking, though he told them not to discuss their deliberations.Lawyers for Mr. Trump argued after Ms. Kohrs spoke publicly that in discussing the case, she had divulged a number of matters that they believed constituted “deliberations.” Judge McBurney, however, noted at the time, in an interview with the Atlanta Journal-Constitution, that “deliberations” only covered discussions they had privately in the jury room. Other aspects of their work could be discussed publicly, he said.Even given this leeway, the six jurors who have spoken with news outlets have played it conservatively, declining to discuss whom they had singled out as meriting indictment.In some of Ms. Kohrs’s television news interviews, she sometimes used light and playful language, prompting some critics to charge that the grand jury’s deliberations seemed to have lacked the gravity befitting a criminal inquiry into a former president. Ms. Kohrs was even the subject of a “Saturday Night Live” skit.But some legal experts said they doubted whether Ms. Kohrs’s comments would have much of an impact on the Georgia case. Any criminal indictments would be issued by a regular grand jury.Mr. Trump announced a new presidential campaign in November, and he is leading his Republican opponents in most polls. But his legal troubles present him with challenges that have few, if any, precedents in American history. No president, sitting or former, has ever been charged with a crime.Before his public statements this weekend anticipating an imminent indictment in New York, Mr. Trump had sent out numerous fund-raising emails criticizing prosecutors in the various cases against him and portraying him as a victim of partisan forces. “The Left has turned America into the ‘Investigation Capital of the World,’ as our country’s enemies brilliantly plot their next move to destroy our nation,” he stated in one such email on March 13.The New York investigation is being led by Manhattan’s district attorney, Alvin L. Bragg. Prosecutors working in Mr. Bragg’s office have indeed signaled that an indictment of Mr. Trump could be imminent. Mr. Trump’s declaration that he would be arrested on Tuesday appears to involve guesswork on his part, however; after his post on his Truth Social website, a spokesperson issued a statement saying that Mr. Trump did not have direct knowledge of the timing of any arrest. More