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    Justice Alito Is Holding Trump to a Different Standard

    I mentioned it in passing in my Friday column, but I was struck — disturbed, really — by one specific point made by Justice Samuel Alito during Thursday’s oral arguments in Trump v. United States.Alito began innocuously enough: “I’m sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully if that candidate is the incumbent.”“Of course,” answered Michael Dreeben, the lawyer arguing the case for the Department of Justice.“Now,” Alito continued, “if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”The implication of Alito’s question is that presidential immunity for all official acts may be a necessary concession to the possibility of a politically motivated investigation and prosecution: Presidents need to be above the law to raise the odds that they follow the law and leave office without incident.If this sounds backward, that’s because it is.There have been, in the nearly 236 years since Americans ratified the Constitution, 45 presidents. Of those, 10 sought but did not win re-election. In every case but one, the defeated incumbents left office without incident. There was no fear that they would try to overturn the results or subvert the process, nor was there any fear that their successors would turn the power of the state against them. Thomas Jefferson did not try to jail John Adams after the close-fought 1800 election; he assured the American people that “we are all republicans, we are all federalists.” Jimmy Carter did not sic the F.B.I. on Gerald Ford in the wake of his narrow victory; he thanked him for “all he has done to heal our land.”By Alito’s lights, this should not have been possible. Why would a president leave if he could be prosecuted as a private citizen? The answer is that the other nine people who lost had a commitment to American democracy that transcended their narrow, personal or partisan interests.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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    La campaña de Biden cambia su estrategia para abordar el tema de la edad

    Parte del nuevo plan de la Casa Blanca consiste en destacar más los viajes del presidente fuera de Washington y los encuentros individuales con votantes en las redes sociales.Lleva lentes oscuros de aviador y gorras de béisbol. Visita heladerías y asadores y pide reunirse con influentes que puedan difundir imágenes suyas en TikTok e Instagram. Habla más a menudo con los periodistas y responde a preguntas sobre Medio Oriente, los republicanos y, por supuesto, su edad.Nada de esto es una coincidencia. Mientras el presidente Joe Biden se enfrenta a lo que las encuestas muestran como una preocupación significativa por sus 81 años y a unas elecciones muy reñidas contra su virtual oponente, Donald Trump, la estrategia de la Casa Blanca es que salga de su burbuja protectora y afronte directamente las preocupaciones de los votantes.El tema se sobrecargó el mes pasado cuando Biden se defendió airadamente de un informe del fiscal especial que lo describió como un “hombre bienintencionado de edad avanzada con mala memoria”. El presidente se convirtió con rapidez en el chiste favorito de los presentadores de los programas nocturnos de entrevistas, lo que enfureció a sus aliados, quienes reconocen que aunque Biden no puede volver atrás en el tiempo, al menos puede intentar reajustar la imagen que los votantes tienen de él.“Llevo varios meses diciéndole a la campaña: ‘Por favor, déjenlo ser Joe Biden’, y lo mismo han dicho muchos otros”, comentó en una entrevista el senador demócrata por Delaware Chris Coons, aliado cercano del presidente. “No solo es bueno para la campaña. Es bueno para él y es bueno para el país que Joe Biden tenga la oportunidad de bajarse del podio y ser menos el presidente Joe Biden y más Joe”.Con ese fin, se espera que Biden plantee la cuestión de la edad en su beneficio al destacar sus logros legislativos en su discurso sobre el Estado de la Unión del jueves por la noche. El argumento que esgrimirá, según sus ayudantes, es que sus logros como presidente podrían haber pasado desapercibidos para políticos con menos experiencia.Biden bromeó sobre memes en una aparición en el programa de televisión nocturno de Seth Meyers en febrero.Bonnie Cash para The New York TimesWe 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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    Should Either of These People Have Sole Authority on Nuclear Weapons?

    A large majority of Americans say they don’t trust a government run by the opposition party. So we must ask ourselves: Is it moral, just and wise to vest the ability to end other nations in the hands of one person?“As president, I carried no wallet, no money, no driver’s license, no keys in my pockets — only secret codes that were capable of bringing about the annihilation of much of the world as we knew it,” Ronald Reagan wrote in his autobiography.That’s right. President Biden this very minute could unilaterally decide to launch a devastating nuclear strike anywhere in the world in minutes — without a requirement to consult Congress or the courts. The missiles would be in flight before even the most plugged-in Americans knew they’d been launched.This is an enormous amount of power to grant any single person. That’s doubly true in undemocratic nations, several of which have nuclear arsenals of their own.It is time to explore what alternatives to the president’s sole nuclear authority could be, and that’s what my colleague W.J. Hennigan does in the latest installment of our series “At the Brink,” published this morning.Last year, Senator Ed Markey of Massachusetts and Representative Ted Lieu of California introduced legislation that would prevent any American president from launching a first nuclear strike without congressional approval. Passing this bill or one like it is an obvious step.Yet the American public is owed a bigger plan on how countries around the globe can work together to reduce nuclear threats. Today nuclear weapons loom over international politics in ways not seen since the Cold War — a dynamic Times Opinion explored in the first installment of the series earlier this week.The phrase “serious debate” is often tossed around in campaign season. It’s a way to insist on talking about something, even if in a nebulous way. Fortunately, there are chances for a substantive public discussion of nuclear weapons, and we invite the country and the world to join in the conversation. Americans might be surprised to hear what those in other nations think.Times Opinion has invited President Biden and President Trump to explain in our pages what their next administrations would do to reduce these risks. We hope they will do so. We also hope this will be a subject in the upcoming presidential debates. Reporters covering the president and his competitor should press them on their policies and thinking around sole authority and other nuclear policies.Though Mr. Trump and Mr. Biden “will have to confront questions from voters about their mental acuity, competence and stamina to take on another four-year term,” as Hennigan writes today, “regardless of who wins this election or the next one, the American president’s nuclear sole authority is a product of another era, and must be revisited in our new nuclear age.”That should be something that most Americans can agree on. More

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    Poll Ranks Biden as 14th-Best President, With Trump Last

    President Biden may owe his place in the top third to his predecessor: Mr. Biden’s signature accomplishment, according to the historians, was evicting Donald J. Trump from the Oval Office.President Biden has not had a lot of fun perusing polls lately. He has a lower approval rating than every president going back to Dwight D. Eisenhower at this stage of their tenures, and he trails former President Donald J. Trump in a fall rematch. But Mr. Biden can take solace from one survey in which he is way out in front of Mr. Trump.A new poll of historians coming out on Presidents’ Day weekend ranks Mr. Biden as the 14th-best president in American history, just ahead of Woodrow Wilson, Ronald Reagan and Ulysses S. Grant. While that may not get Mr. Biden a spot on Mount Rushmore, it certainly puts him well ahead of Mr. Trump, who places dead last as the worst president ever.Indeed, Mr. Biden may owe his place in the top third in part to Mr. Trump. Although he has claims to a historical legacy by managing the end of the Covid pandemic; rebuilding the nation’s roads, bridges and other infrastructure; and leading an international coalition against Russian aggression, Mr. Biden’s signature accomplishment, according to the historians, was evicting Mr. Trump from the Oval Office.“Biden’s most important achievements may be that he rescued the presidency from Trump, resumed a more traditional style of presidential leadership and is gearing up to keep the office out of his predecessor’s hands this fall,” wrote Justin Vaughn and Brandon Rottinghaus, the college professors who conducted the survey and announced the results in The Los Angeles Times.Mr. Trump might not care much what a bunch of academics think, but for what it’s worth he fares badly even among the self-identified Republican historians. Finishing 45th overall, Mr. Trump trails even the mid-19th-century failures who blundered the country into a civil war or botched its aftermath like James Buchanan, Franklin Pierce and Andrew Johnson.Judging modern-day presidents, of course, is a hazardous exercise, one shaped by the politics of the moment and not necessarily reflective of how history will look a century from now. Even long-ago presidents can move up or down such polls depending on the changing cultural mores of the times the surveys are conducted.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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    Forceful Opinion Repudiates Trump’s Immunity Claim in Election Case

    The unanimous ruling, by a panel of appeals court judges appointed by presidents of both parties, systematically took apart the immunity claim.Former President Donald J. Trump’s claim that he was immune from being prosecuted for any crimes he committed while trying to stay in office after losing the 2020 election was always a long shot. But in an opinion on Tuesday eviscerating his assertion, three federal appeals court judges portrayed his position as not only wrong on the law but also repellent.“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” they wrote, adding with an emphatic echo: “We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”The 57-page opinion was issued on behalf of all three members of a panel of the United States Court of Appeals for the District of Columbia Circuit. They included two Democratic appointees and, significantly, Judge Karen L. Henderson, a Republican appointee who had sided with Mr. Trump in several earlier legal disputes.The ruling systematically weighed and forcefully rejected each of Mr. Trump’s arguments for why the case against him should be dismissed on immunity grounds. The resounding skepticism raised the question of whether the Supreme Court — to which Mr. Trump is widely expected to appeal — will decide there is any need for it to take up the case.On the one hand, the ruling unanimously answered each question put forward by Mr. Trump’s defense team, affirming a similar ruling by the trial judge overseeing the criminal case, Tanya S. Chutkan of the Federal District Court for the District of Columbia. It was far from clear whether a majority of Supreme Court justices would find anything to disagree with in its conclusions.Still, Mr. Trump’s claim of total immunity introduces a momentous legal issue the Supreme Court has never considered — no former president has ever been charged with crimes before, so there is no direct precedent. Normally, the justices might see it as appropriate to weigh in, too, even if it were merely to affirm an appeals court’s handiwork.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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    Trump Confuses Haley and Pelosi, Accusing Rival of Jan. 6 Lapse

    Former President Donald J. Trump on Friday appeared to confuse Nikki Haley for Nancy Pelosi during a speech in New Hampshire, accusing Ms. Haley of failing to provide adequate security during the Jan. 6, 2021, attack at the Capitol and connecting her to the House committee that investigated it.Ms. Haley, the former governor of South Carolina and a former ambassador to the United Nations, has never served in Congress and was working in the private sector during the Capitol riot.On Friday night, Mr. Trump was in the middle of mocking Ms. Haley for the size of the crowds at her events, and criticizing the news media, when he pivoted to how he gave a speech in Washington on Jan. 6, 2021, that preceded the Capitol attack.“You know, when she comes here she gets like nine people, and the press never reports the crowds,” Mr. Trump said of Ms. Haley, whose crowds have lately been, at the very least, in double digits.Then, he changed subjects. “You know, by the way, they never report the crowd on Jan. 6,” he said. “You know, Nikki Haley, Nikki Haley, Nikki Haley.”Mr. Trump then repeated his frequent claim that the bipartisan House committee that investigated the Jan. 6 attack — including Mr. Trump’s actions that day — “destroyed all of the information, all of the evidence.”Then, he claimed that Ms. Haley was in charge of security that day, and that she and others had turned down his offer to send troops to the Capitol.“Nikki Haley was in charge of security,” he said. (She was not.) “We offered her 10,000 people, soldiers, National Guards, whatever they want. They turned it down. They don’t want to talk about that.”Mr. Trump, 77, often attacks President Biden, 81, over his age and suggests that Mr. Biden is mentally unfit for office. “He can’t put two sentences together,” Mr. Trump said on Friday. “Can’t put two sentences together. He needs a teleprompter.”A spokesman for the Trump campaign did not immediately respond to a request for comment.Mr. Trump has frequently tried to lay blame for the Jan. 6 riot with Nancy Pelosi and House Democrats. There is no evidence, however, that Mr. Trump ever offered to have troops deployed to the Capitol, or that Ms. Pelosi, then the speaker of the House, rejected him.At 3:52 p.m. on Jan. 6, 2021, Ms. Haley reposted photos of besieged officials inside the Capitol, writing on Twitter, “An embarrassment in the eyes of the world and total sadness for our country. Wake up America.” More

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    A Timeline of Trump’s Attempts to Overturn the 2020 Election Results

    Nov. 20
    Raised false claims to Mich. legislatorsNov. 22
    Asked Ariz. legislator to replace electors
    Nov. 25
    Asked Pa. legislators to appoint fake electors
    Nov. 25
    Pressured Pa. legislators to hold special session
    Nov. 27
    Pushed Pa. lawmaker to appoint fake electors
    Nov. 30
    Made false claims to Ariz. officials
    Dec. 1
    Made false claims to U.S. attorney general
    Dec. 3
    Called Ga. senate leader
    Dec. 3
    Asked Pa. legislator to hold special session
    Dec. 5
    Asked Ga. governor to call special legislative session
    Dec. 7
    Asked Ga. legislator to call special session
    Dec. 8
    Pressured Ga. attorney general
    Dec. 15
    Pushed false fraud claims with Justice Department officials
    Dec. 22
    Met with Justice Department official
    Dec. 23
    Made false claims to Ga. state official
    Dec. 25
    Pushed Ariz. legislator to appoint fake electors
    Dec. 25
    Asked Pence to reject electoral votes
    Dec. 27
    Told Justice Department officials to say election was “corrupt”
    Dec. 27
    Called Justice Department official
    Dec. 29
    Gave Pence false information
    Dec. 31
    Made false claims to Justice Department officials
    Jan. 1
    Berated Pence
    Jan. 2
    Asked Ga. officials to “find” votes
    Jan. 3
    Asked Pence to reject electors
    Jan. 3
    Pressured Justice Department official to take action
    Jan. 3
    Asked ally to take over as acting U.S. attorney general
    Jan. 4
    Asked Pence to reject electors
    Jan. 5
    Made false claims to Pence
    Jan. 5
    Asked Pence to reject electors
    Jan. 5
    Pressured Pence about electors
    Jan. 6
    Asked Pence to reject electors More

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    This Election Year Is Unlike Any Other

    At the outset of this election year, with Donald Trump leading the race to be the Republican presidential nominee, Americans should pause to consider what a second Trump term would mean for our country and the world and to weigh the serious responsibility this election places on their shoulders.By now, most American voters should have no illusions about who Mr. Trump is. During his many years as a real estate developer and a television personality, then as president and as a dominant figure in the Republican Party, Mr. Trump demonstrated a character and temperament that render him utterly unfit for high office.As president, he wielded power carelessly and often cruelly and put his ego and his personal needs above the interests of his country. Now, as he campaigns again, his worst impulses remain as strong as ever — encouraging violence and lawlessness, exploiting fear and hate for political gain, undermining the rule of law and the Constitution, applauding dictators — and are escalating as he tries to regain power. He plots retribution, intent on eluding the institutional, legal and bureaucratic restraints that put limits on him in his first term.Our purpose at the start of the new year, therefore, is to sound a warning.Mr. Trump does not offer voters anything resembling a normal option of Republican or Democrat, conservative or liberal, big government or small. He confronts America with a far more fateful choice: between the continuance of the United States as a nation dedicated to “the blessings of liberty to ourselves and our posterity” and a man who has proudly shown open disdain for the law and the protections and ideals of the Constitution.If in 2016 various factions of the electorate were prepared to look beyond Mr. Trump’s bombast in the hope that he might deliver whatever it was they wanted without too much damage to the nation, today there is no mystery about what he will do should he win, about the sorts of people he will surround himself with and the personal and political goals he will pursue. There is no mystery, either, about the consequences for the world if America re-elects a leader who openly displays his contempt for its allies.Mr. Trump’s four years in the White House did lasting damage to the presidency and to the nation. He deepened existing divisions among Americans, leaving the country dangerously polarized; he so demeaned public discourse that many Americans have become inured to lies, insults and personal attacks at the highest levels of leadership. His contempt for the rule of law raised concerns about the long-term stability of American democracy, and his absence of a moral compass threatened to corrode the ideals of national service.The Republic weathered Mr. Trump’s presidency for a variety of reasons: his lack of prepared agenda, the disruptions of the Covid-19 pandemic and the efforts of appointees who tried to temper his most dangerous or unreasonable demands. Most important, it survived because of the people and institutions in his administration and in the Republican Party who proved strong enough to stand up to his efforts to undermine the peaceful transfer of power.It is instructive in the aftermath of that administration to listen to the judgments of some of these officials on the president they served. John Kelly, a chief of staff to Mr. Trump, called him the “most flawed person I’ve ever met,” someone who could not understand why Americans admired those who sacrificed their lives in combat. Bill Barr, who served as attorney general, and Mark Esper, a former defense secretary, both said Mr. Trump repeatedly put his own interests over those of the country. Even the most loyal and conservative of them all, Vice President Mike Pence, who made the stand that helped provoke Mr. Trump and his followers to insurrection on Jan. 6, 2021, saw through the man: “On that day, President Trump also demanded that I choose between him and the Constitution,” he said.There will not be people like these in the White House should Mr. Trump be re-elected. The former president has no interest in being restrained, and he has surrounded himself with people who want to institutionalize the MAGA doctrine. According to reporting by the Times reporters Maggie Haberman, Charlie Savage and Jonathan Swan, Mr. Trump and his ideological allies have been planning for a second Trump term for many months already. Under the name Project 2025, one coalition of right-wing organizations has produced a thick handbook and recruited thousands of potential appointees in preparation for an all-out assault on the structures of American government and the democratic institutions that acted as checks on Mr. Trump’s power.The project ties in with plans from Mr. Trump and his supporters to reclassify tens of thousands of federal workers so they can be fired if they do not buy fully into the Trump agenda. He also plans to strip the Justice Department of its independence in order to use it to wreak vengeance on those who, in his view, failed to concoct a victory for him in the 2020 election or otherwise didn’t support his unconstitutional demands. There is more, including threats by Mr. Trump to find ways to use federal troops against those who might protest his policies and practices. These ambitions demonstrate that the years out of office and the mounting legal challenges he faces have only sharpened his worst instincts.Mr. Trump was impeached twice as president and since leaving office has been charged in four criminal cases — two related to his efforts to overturn the 2020 election, one over hush money paid to a porn star and another for hoarding classified documents after he left office and impeding the government’s efforts to retrieve them. No other sitting or former president has ever been indicted on criminal charges. Not only has Mr. Trump shown no remorse for these actions, he has given no sign that he understands these indictments to be anything but a political crusade meant to undermine him. He continues to claim that the Jan. 6 insurrection has been misrepresented. “There was love and unity,” he said in an interview last August. And he has suggested that, if re-elected, he could use his presidential powers to pardon himself.Mr. Trump’s forays into foreign affairs remain dangerously misguided and incoherent. During his presidency, he displayed consistent admiration for autocratic leaders — including Xi Jinping, Vladimir Putin and Kim Jong-un — and contempt for our democratic allies. While in the White House, he repeatedly threatened to leave NATO, an alliance critical to the stability of Europe that he sees only as a drain on American resources; now his campaign website says, without elaborating, that he plans to “finish” the process of “fundamentally re-evaluating NATO’s purpose and NATO’s mission.”He has announced his intention to abandon Ukraine, leaving it and its neighbors vulnerable to further Russian aggression. Encouraged by an American president, leaders who rule with an iron fist in Hungary, Israel, India and elsewhere would face far less moral or democratic pressure.Mr. Trump has made clear his conviction that only “losers” accept legal, institutional or even constitutional constraints. He has promised vengeance against his political opponents, whom he has called “vermin” and threatened with execution. This is particularly disturbing at a time of heightened concern about political violence, with threats increasing against elected officials of both parties.He has repeatedly demonstrated a deep disdain for the First Amendment and the basic principles of democracy, chief among them the right to freely express peaceful dissent from those in power without fear of retaliation, and he has made no secret of his readiness to expand the powers of the presidency, including the deployment of the military and the Justice Department, to have his way.Democracy in the United States is stronger with a formidable conservative political movement to keep diversity of thought alive on important questions, such as the nation’s approaches to immigration, education, national security and fiscal responsibility. There should be room for real disagreement on any of these topics and many more — and there is a long tradition of it across the American experiment. But that is not what the former president is seeking.Re-electing Mr. Trump would present serious dangers to our Republic and to the world. This is a time not to sit out but instead to re-engage. We appeal to Americans to set aside their political differences, grievances and party affiliations and to contemplate — as families, as parishes, as councils and clubs and as individuals — the real magnitude of the choice they will make in November.Source photograph by Kozlik_Mozlik, via Getty Images.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, Instagram, TikTok, X and Threads. More