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    Secret Files in Election Case Show How Judges Limited Trump’s Privilege

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    The partly unsealed rulings, orders and transcripts open a window on a momentous battle over grand jury testimony that played out in secret, creating important precedents about executive privilege.Court documents unsealed on Monday shed new light on a legal battle over which of former President Donald J. Trump’s White House aides had to testify before a grand jury in Washington that charged him with plotting to overturn the 2020 election, showing how judges carved out limits on executive privilege.The trove — including motions, judicial orders and transcripts of hearings in Federal District Court in Washington — did not reveal significant new details about Mr. Trump’s efforts to cling to power. But it did open a window on important questions of presidential power and revealed how judges grew frustrated with Mr. Trump’s longstanding strategy of seeking to delay accountability for his attempts to overturn his defeat to Joseph R. Biden Jr.The documents also created important — if not binding — precedents about the scope of executive privilege that could influence criminal investigations in which a current or former president instructs subordinates not to testify before a grand jury based on his constitutional authority to keep certain internal executive branch communications secret.Starting in the summer of 2022, and continuing with the appointment of Jack Smith as special counsel later that year, the Justice Department undertook a wide-ranging and extraordinary effort to compel grand jury testimony from several close aides to Mr. Trump. Prosecutors believed the aides had critical information about the former president’s attempts to overturn the results of the election.The effort, which ended in the spring of the following year, was largely intended to obtain firsthand accounts from key figures who had used claims of executive privilege and other legal protections to avoid testifying to investigators on the House committee that examined the Jan. 6, 2021, attack on the Capitol and the events leading up to it.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Why Trump Can’t Shake Project 2025

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      In 2024, the deep state that defeats Donald Trump might be his own.That, after all, is what Project 2025 was actually meant to be. The 900-page tome that Democrats hoist in front of the cameras is a festival of policy options, detailed down to the sub-agency level. But options for whom? Not for Trump himself. Even the most wonkish of presidents can only engage on a small fraction of what the executive branch does. And Donald Trump was not the most wonkish of presidents. When he said, during his debate with Kamala Harris, that he hadn’t read Project 2025 and has no intention of doing so, I believed him.But Project 2025 — and much else like it that has gotten less press — is more than a compendium of policy proposals: It is an effort to build a deep state of Trump’s own. The presidency is not one man, Diet Coke in hand, Fox & Friends on TV, barking orders. It’s 4,000-or-so political appointees — nearer to 50,000 if Trump again uses Schedule F powers to strip civil-service protections from vast swaths of the federal government — trying to do what they think the president wants them to do or what they think needs to be done. They do that by setting policy for the more than two million civilian employees of the federal government and by writing regulations that the rest of society must follow.Veterans of Trump’s administration believe personnel was their biggest problem. They could not act ambitiously or swiftly enough because they were at constant war with the government they, in theory, controlled. Part of this reflected Trump’s erratic leadership style and the constant conflict between the warring factions inside his White House: the traditional Republicans clustered around Mike Pence and Reince Priebus; the MAGA types led by Steve Bannon and Stephen Miller; the foreign policy establishment that spoke through H.R. McMaster and Nikki Haley; the corporatists led by Jared Kushner and Gary Cohn. Read any book on the Trump presidency, and you will be buried in examples of Trump’s top appointees trying to foil each other — and him.But some of it reflected a federal bureaucracy that resisted Trump and the people he appointed. In a presentation at the 2024 National Conservatism conference in Washington, Katy Talento, who oversaw health care policy on Trump’s Domestic Policy Council, described the obstacles she faced:There’s like a handful of political appointees at an agency with hundreds of thousands of employees and maybe one or two of those appointees is sufficiently experienced to write regulations. They can’t seek any help from experienced but hostile bureaucrats that surround them, or those drafts get leaked, or bad advice gets provided, and poison pills get put into regs, drafts get slowed down or scuttled all together. So this dramatically limits the productivity potential of a Republican administration.This is the problem groups like Project 2025 set out to solve. Behind the policy playbook sits a database of around 20,000 applicants ready to be part of the next Trump administration. And that database is still growing. There is an online portal that, even now, invites applicants to apply for inclusion in “the Presidential Personnel Database.” It goes on to say that “with the right conservative policy recommendations and properly vetted and trained personnel to implement them, we will take back our government.”To do that, the next Trump administration must first clear out or conquer the federal government that currently exists. Project 2025 is obsessed with this task and many of its 900-some pages are dedicated to plans and theories for how this might be done.“The great challenge confronting a conservative President is the existential need for aggressive use of the vast powers of the executive branch to return power — including power currently held by the executive branch — to the American people,” writes Russ Vought, Trump’s former director of the Office of Management and Budget, in one of its chapters. Victory will require the “boldness to bend or break the bureaucracy to the presidential will.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More