More stories

  • in

    Biden’s Approval Rating Remains Low Despite Flurry of Good News

    The president is experiencing a flurry of good news on the economy, crime, immigration and other areas, but voters so far have not given the president much credit.Inflation at long last is down. So are gas prices and Covid deaths and violent crime and illegal immigration. Unemployment remains near record lows. The economy, meanwhile, is growing, wages are climbing, consumer confidence is rising and the stock market is surging.For President Biden, many of the numbers that define an administration are finally heading in the right direction. Except one: his approval rating.Despite the flurry of good news on economic and other domestic fronts in recent weeks and months, Mr. Biden’s poll numbers remain low. Just 39 percent approved of his performance in the latest survey by The New York Times and Siena College, far from the level that would typically give strategists confidence heading into a re-election campaign.An average of multiple recent polls by the website FiveThirtyEight puts Mr. Biden’s approval at 41.2 percent, lower than every president at this stage of their term in the last three-quarters of a century other than Jimmy Carter, who went on to lose his bid for a second term. The Times-Siena survey found Mr. Biden deadlocked at 43 percent to 43 percent with the Republican front-runner, former President Donald J. Trump, who has been indicted three times on criminal charges.The question for Democrats is whether Mr. Biden’s public standing is a lagging indicator that will grow in the next several months as improving conditions in the country become more evident to voters, much as Presidents Ronald Reagan, Bill Clinton and Barack Obama were transformed from midterm losers to re-election winners. Or as some Democrats fear, is Mr. Biden’s anemic support more about Mr. Biden himself in a highly polarized moment that will make securing a second term next year vastly more challenging?“Even though Biden’s numbers aren’t great, their trendlines, albeit halting, are positive, and we’ll see if they have a soft landing,” said Douglas B. Sosnik, who was Mr. Clinton’s White House counselor and analyzes today’s political trends in regular papers. “I feel like Biden has plenty of time to get the arrows in the right direction the way that Obama did and Clinton did and Reagan did.”Biden aides express equanimity about the sluggish poll numbers, noting that Mr. Biden won in 2020 and that Democrats avoided a predicted “red wave” in 2022 despite his similarly low approval rating then.But they are taking satisfaction for the moment that so many other indicators have turned positive. Given where this presidency began, in the throes of a pandemic and resulting economic crisis, it was hardly a given that a year out from the next election Mr. Biden would preside over a healthy economy and a healthy citizenry.The president’s advisers argue that the positive trendlines of late were a direct result of Mr. Biden’s policies, including widespread Covid-19 vaccination, abundant pandemic relief spending, a mammoth new program to build or repair roads, bridges and other public works, record investments in clean energy and federal support to jump-start the semiconductor industry.Biden aides express equanimity about the sluggish poll numbers, taking satisfaction for the moment that so many other indicators have turned positive.Doug Mills/The New York Times“What you’re seeing is the president put in two hard years of work of putting these policies in place, and they’re starting to deliver the results we thought they would,” said Ron Klain, the president’s first White House chief of staff, who managed many of those efforts.“The good economic news is very important. It creates a base for him to run on,” he added. “I don’t think you’re ever going to persuade Republicans, but I think independents are coming around that the economy is doing better, and I think that’ll be a self-reinforcing cycle.”Republicans will do all they can to foster the opposite impression, though, portraying the nation as a dystopian hellscape awash in crime, uncontrolled immigration, rising debt and economic misery. “Our country is going to hell,” Mr. Trump told supporters in April.Mr. Biden has engaged in the battle of perceptions lately by branding the disparate elements of his agenda “Bidenomics” and embarking on a barnstorming tour of the country claiming credit for avoiding the recession experts had long predicted. His team has proved particularly disciplined in reinforcing that message with the kind of relentless repetition traditionally necessary to cut through the noise of public life.Change in attitudes has been noticeable but incremental. Just 23 percent of Americans think the country is on the right track in the latest Times/Siena poll, but that is up from 13 percent a year ago. Similarly, just 20 percent consider the economy excellent or good, but that is up from 10 percent a year ago, while the share of respondents who called it poor has fallen from 58 percent last summer to 49 percent today.It can take a while for the public perspective to catch up with improving conditions. A recession during the presidency of George H.W. Bush officially ended in 1991, long before the 1992 election, but it did not feel that way to voters who turned instead to Mr. Clinton and his “it’s-the-economy-stupid” campaign.The Great Recession sparked by the 2008 financial crash formally ended in June 2009, but Mr. Obama’s Democrats were still swamped in midterm elections a year later. By the time he came up for re-election in 2012, public confidence in the economy had improved and he secured a second term.Moreover, the lingering effects of recent hardships are not so easily erased. Inflation has fallen from a peak of 9 percent to 3 percent, a remarkable drop, but even though prices have stabilized, they have stabilized at a level still significantly higher than when Mr. Biden took office. Unemployment is at 3.5 percent, matching a half-century low and meaning that most people who want a job can find one, but not all of these positions have high pay with benefits. Wages have begun rising faster than inflation — but only just begun.And for all that, conditions still feel in flux to many people. While illegal border crossings have dropped significantly since last year, they surged again in July. The S&P 500 stock market index has swelled by 17 percent this year, but slipped in recent days after the Fitch Ratings agency downgraded the U.S. government’s credit. Likewise, gas prices remain below their peak but have inched up lately.What may prove more vexing to Mr. Biden and his strategists is the possibility that his political prospects may be decoupled from such issues. In past generations, Americans were more reactive to events in evaluating their presidents, while in recent years they have been more locked into their partisan corner. The days when a president could garner the support of 60 percent or more of the public feel long gone.President George W. Bush’s approval rating in Gallup surveys fell below 50 percent two months after his second inauguration and never surpassed it again for his entire second term. Mr. Obama was below 50 percent for the vast bulk of his second term until his final months in office, and Mr. Trump never enjoyed the support of a majority of Americans for a single day of his presidency. Mr. Biden fell below 50 percent in his first summer in office and has yet to recover.“Presidents today are less and less able to rely on even begrudging approval from partisans on the other side of the aisle,” said Kristen Soltis Anderson, a Republican pollster. “This places a lower and lower ceiling on presidential job approval, because without the ability to garner any approval from the other side, you are stuck relying solely on your own party’s voters to boost you.”For decades, the American National Election Studies, a collaboration of Stanford University and the University of Michigan, has tracked how Americans felt about presidential candidates, asking them to rate them on a scale of zero to 100, with zero meaning very cool and 100 meaning very warmly.In 1980, Ronald Reagan and Jimmy Carter both received some measure of support from voters who were not in their party.United Press InternationalIt used to be that Americans had at least some respect or admiration for a candidate of the other party. In 1980, Democratic voters gave Mr. Reagan an average of 46.3 while Republicans gave Mr. Carter an average of 40.6. In 2000, Democratic voters gave the younger Mr. Bush an average of 44.8 while Republicans gave the Democrat Al Gore an average of 40.8.But by recent years, views had hardened, becoming far more pronounced and partisan. In 2016, Democratic voters gave Mr. Trump just 14.5 while Republicans gave Hillary Clinton a 16.6. In 2020, Democrats gave Mr. Trump a 9.6 while Republicans gave Mr. Biden a 20.2.“The reality is that presidents lately are not coming into office with even the slightest bit of good will or benefit of the doubt from the other side,” Ms. Anderson said, “and that places a very hard cap on how much approval they can ever hope to garner outside their own team.”So as Mr. Biden and his team look ahead to 2024, they hope to make the most of an improving economy to bring home disaffected Democrats and independents, but they cannot count on a newfound swell of popularity to carry him to victory. Instead, they anticipate a grinding campaign in which they compete for a relatively small share of the electorate while trying to maximize turnout among their own voters.“Republicans are just hard core,” Mr. Klain said. “They’re never going to approve of Joe Biden’s job, no matter what he’s doing. The vote is the vote. What matters is who’s going to win on Election Day.” More

  • in

    ‘The 2024 Issue: Democracy or Autocracy?’

    More from our inbox:Trump as Target: Is Another Indictment Coming?The Israeli-Palestinian ConflictStudent Loans, and the Purpose of CollegeDonald J. Trump intends to bring independent regulatory agencies under direct presidential control.Doug Mills/The New York TimesTo the Editor:Re “Trump and Allies Seeking Vast Increase of His Power” (front page, July 17):Donald Trump plans, if elected next year, to revamp the administrative state, also known to conservatives as the deep state, also known to Mr. Trump as the warmongers, the globalists, the “communists, Marxists and fascists,” “the political class that hates our country.”Once revamped, this new state would be much more under Mr. Trump’s control, without those pesky independent agencies that are beyond his reach.We had a state like that in the past, headed by King George III, and decided that we did not like it, which is why we have what are quaintly known as “checks and balances,” designed precisely to prevent the president from amassing too much power.Are we really ready to replace “Hail to the Chief” with “Hail to the King”?John T. DillonWest Caldwell, N.J.To the Editor:If someone told Donald Trump that he is merely a tool of the Republican Party, he would be livid. But tool he is, and also a tool of the Federalist Society, the Heritage Foundation and all the billionaires who stand to gain from longstanding Republican tenets, if implemented.Going back to the Nixon era, conservative Republicans would often say, “The best government is the least government.” During several Republican administrations there have been efforts to reduce the size and the role of government. They have sought a smaller I.R.S., so that earnings of wealthy people would not be audited, and reduced regulation by federal agencies, maximizing the profits of businesses that would otherwise be regulated, at the expense of the health and safety of American citizens.Mr. Trump is a useful tool to the Republicans, who hope he can normalize discussion about a reduced government in a strongman executive branch. Even if another Republican is elected president in 2024, he will follow the Republican blueprint for the executive branch, and we can kiss our seminal experiment in democracy goodbye.Ben MyersHarvard, Mass.To the Editor:Those supporters of broader powers for a re-elected President Donald Trump should keep in mind the proverb “what goes around comes around.”If Republicans are successful in broadening a president’s executive branch powers, those powers could just as easily be used, and abused, by a future liberal Democratic president.Bert ElyAlexandria, Va.To the Editor:This article about Donald Trump and his allies seeking a vast increase in power for the president almost makes this anti-Trumper want to vote for him. What the article suggests that Mr. Trump will do is long overdue. I just wish he’d shut up and quit social media.Tom BrownKansas City, Mo.To the Editor:Donald Trump has said, “I have an Article 2, where I have the right to do whatever I want as president.” This is as clear a statement of intent as Mussolini’s in 1936: “We do not argue with those who disagree with us, we destroy them.”The common goal is to establish an autocracy. With his militarized acolytes, media allies and anti-regulation donors, Mr. Trump presents a clear threat to democracy, rule of law and any hope for equity or equality.This is the 2024 issue: democracy or autocracy?Brian KellyRockville Centre, N.Y.To the Editor:If people weren’t scared before, they should be after reading this. How fascism comes to the United States.People of good conscience know what must be done. Save our democracy! Vote!Alison Goodwin SchiffNew YorkTrump as Target: Is Another Indictment Coming? Erin Schaff/The New York TimesTo the Editor:Re “Trump Says He’s a Target in Special Counsel’s Capitol Attack Investigation” (news update, nytimes.com, July 18):Donald Trump announced that on Sunday he received a notice that he is a target in the ongoing federal investigation into the Jan. 6 uprising being conducted by the special counsel Jack Smith. Such notices are almost always followed by an actual indictment.This is huge news. It felt like a lock that the Justice Department would indict Mr. Trump for his flagrant mishandling of classified documents. But it was far from certain that the evidence would be deemed compelling enough to indict him on charges related to Jan. 6.In the past it has often seemed as if Mr. Trump was shrouded in an impenetrable Teflon coating and nothing could pierce that protective barrier. Perhaps this, an indictment on charges he helped to incite the Jan. 6 insurrection at the Capitol, will prove to be his final undoing.Whether the news affects his strong front-runner status in the Republican presidential race remains to be seen. But what does seem certain is that it will erode his support in the 2024 general election if he is the Republican nominee and help to ensure that this man never again resides in the White House.Ken DerowSwarthmore, Pa.The Israeli-Palestinian ConflictRepresentative Pramila Jayapal told a Netroots Nation conference over the weekend that some lawmakers “have been fighting to make it clear that Israel is a racist state.” Kenny Holston for The New York TimesTo the Editor:Re “The Hysteria Over Jayapal’s ‘Racist State’ Gaffe,” by Michelle Goldberg (column, July 18):I write to thank Ms. Goldberg for calling attention to an important point: Israel’s defenders must face the reality that its policies are deeply destructive to the Palestinian people and ultimately to the state of Israel itself.It is impossible to choose to oppress a people without morally implicating oneself. This is true for a single human and true for any state in our complex and conflicted world.Unless Israel acknowledges the humanity of the Palestinian people and changes its policies, it is doomed to fail by its own hand.Marea Siris WexlerNorthampton, Mass.To the Editor:Michelle Goldberg’s thoughtful column does not mention the reason the Israeli people and government have turned rightward. The Palestinians refuse to recognize the right of the Israeli nation to exist and have been lax in preventing Palestinian attacks, including murders of Israeli citizens.Albert MarshakAtlantic Beach, N.Y.Student Loans, and the Purpose of CollegeAmerica’s Student Loans Were Never Going to Be RepaidDuring the pandemic, the U.S. paused regular payments for student loans. But repayment was dwindling for at least a decade before that.To the Editor:Re “Who Repays Student Loans?,” by Laura Beamer and Marshall Steinbaum (Opinion guest essay, July 16):Proposed policies to fund or defund public colleges based on students’ labor market outcomes will merely reinforce the notion that colleges are job-training institutions and will further damage liberal arts education at institutions serving minorities and the working class.Having students rack up more debt will ultimately damage the economy when those indebted former students cannot afford to buy cars or homes, marry or have children.We should revisit how the interest on student loans is compounded, which forces former students to pay two or three times the original amount of their loans as interest accrues over time.But in the larger sense, we must rethink the whole system of higher education to see it as a public good rather than a privilege reserved for those who can best afford it.Max HermanBloomfield, N.J.The writer is an associate professor of sociology at New Jersey City University. More

  • in

    Trump Plans to Expand Presidential Power Over Agencies in 2025

    Donald J. Trump and his allies are planning a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.Their plans to centralize more power in the Oval Office stretch far beyond the former president’s recent remarks that he would order a criminal investigation into his political rival, President Biden, signaling his intent to end the post-Watergate norm of Justice Department independence from White House political control.Mr. Trump and his associates have a broader goal: to alter the balance of power by increasing the president’s authority over every part of the federal government that now operates, by either law or tradition, with any measure of independence from political interference by the White House, according to a review of his campaign policy proposals and interviews with people close to him.Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control.He wants to revive the practice of “impounding” funds, refusing to spend money Congress has appropriated for programs a president doesn’t like — a tactic that lawmakers banned under President Richard Nixon.He intends to strip employment protections from tens of thousands of career civil servants, making it easier to replace them if they are deemed obstacles to his agenda. And he plans to scour the intelligence agencies, the State Department and the defense bureaucracies to remove officials he has vilified as “the sick political class that hates our country.”Mr. Trump and his advisers are openly discussing their plans to reshape the federal government if he wins the election in 2024.Anna Moneymaker for The New York Times“The president’s plan should be to fundamentally reorient the federal government in a way that hasn’t been done since F.D.R.’s New Deal,” said John McEntee, a former White House personnel chief who began Mr. Trump’s systematic attempt to sweep out officials deemed to be disloyal in 2020 and who is now involved in mapping out the new approach.“Our current executive branch,” Mr. McEntee added, “was conceived of by liberals for the purpose of promulgating liberal policies. There is no way to make the existing structure function in a conservative manner. It’s not enough to get the personnel right. What’s necessary is a complete system overhaul.”Mr. Trump and his advisers are making no secret of their intentions — proclaiming them in rallies and on his campaign website, describing them in white papers and openly discussing them.“What we’re trying to do is identify the pockets of independence and seize them,” said Russell T. Vought, who ran the Office of Management and Budget in the Trump White House and now runs a policy organization, the Center for Renewing America.The strategy in talking openly about such “paradigm-shifting ideas” before the election, Mr. Vought said, is to “plant a flag” — both to shift the debate and to later be able to claim a mandate. He said he was delighted to see few of Mr. Trump’s Republican primary rivals defend the norm of Justice Department independence after the former president openly attacked it.Steven Cheung, a spokesman for Mr. Trump’s campaign, said in a statement that the former president has “laid out a bold and transparent agenda for his second term, something no other candidate has done.” He added, “Voters will know exactly how President Trump will supercharge the economy, bring down inflation, secure the border, protect communities and eradicate the deep state that works against Americans once and for all.”The agenda being pursued by Mr. Trump and his associates has deep roots in a longstanding effort by conservative legal thinkers to undercut the so-called administrative state.Doug Mills/The New York TimesThe two driving forces of this effort to reshape the executive branch are Mr. Trump’s own campaign policy shop and a well-funded network of conservative groups, many of which are populated by former senior Trump administration officials who would most likely play key roles in any second term.Mr. Vought and Mr. McEntee are involved in Project 2025, a $22 million presidential transition operation that is preparing policies, personnel lists and transition plans to recommend to any Republican who may win the 2024 election. The transition project, the scale of which is unprecedented in conservative politics, is led by the Heritage Foundation, a think tank that has shaped the personnel and policies of Republican administrations since the Reagan presidency.That work at Heritage dovetails with plans on the Trump campaign website to expand presidential power that were drafted primarily by two of Mr. Trump’s advisers, Vincent Haley and Ross Worthington, with input from other advisers, including Stephen Miller, the architect of the former president’s hard-line immigration agenda.Some elements of the plans had been floated when Mr. Trump was in office but were impeded by internal concerns that they would be unworkable and could lead to setbacks. And for some veterans of Mr. Trump’s turbulent White House who came to question his fitness for leadership, the prospect of removing guardrails and centralizing even greater power over government directly in his hands sounded like a recipe for mayhem.“It would be chaotic,” said John F. Kelly, Mr. Trump’s second White House chief of staff. “It just simply would be chaotic, because he’d continually be trying to exceed his authority but the sycophants would go along with it. It would be a nonstop gunfight with the Congress and the courts.”The agenda being pursued has deep roots in the decades-long effort by conservative legal thinkers to undercut what has become known as the administrative state — agencies that enact regulations aimed at keeping the air and water clean and food, drugs and consumer products safe, but that cut into business profits.Its legal underpinning is a maximalist version of the so-called unitary executive theory.The legal theory rejects the idea that the government is composed of three separate branches with overlapping powers to check and balance each other. Instead, the theory’s adherents argue that Article 2 of the Constitution gives the president complete control of the executive branch, so Congress cannot empower agency heads to make decisions or restrict the president’s ability to fire them. Reagan administration lawyers developed the theory as they sought to advance a deregulatory agenda.Mr. Trump and his allies have been laying out an expansive vision of power for a potential second term.Christopher Lee for The New York Times“The notion of independent federal agencies or federal employees who don’t answer to the president violates the very foundation of our democratic republic,” said Kevin D. Roberts, the president of the Heritage Foundation, adding that the contributors to Project 2025 are committed to “dismantling this rogue administrative state.”Personal power has always been a driving force for Mr. Trump. He often gestures toward it in a more simplistic manner, such as in 2019, when he declared to a cheering crowd, “I have an Article 2, where I have the right to do whatever I want as president.”Mr. Trump made the remark in reference to his claimed ability to directly fire Robert S. Mueller III, the special counsel in the Russia inquiry, which primed his hostility toward law enforcement and intelligence agencies. He also tried to get a subordinate to have Mr. Mueller ousted, but was defied.Early in Mr. Trump’s presidency, his chief strategist, Stephen K. Bannon, promised a “deconstruction of the administrative state.” But Mr. Trump installed people in other key roles who ended up telling him that more radical ideas were unworkable or illegal. In the final year of his presidency, he told aides he was fed up with being constrained by subordinates.Now, Mr. Trump is laying out a far more expansive vision of power in any second term. And, in contrast with his disorganized transition after his surprise 2016 victory, he now benefits from a well-funded policymaking infrastructure, led by former officials who did not break with him after his attempts to overturn the 2020 election and the Jan. 6, 2021, attack on the Capitol.One idea the people around Mr. Trump have developed centers on bringing independent agencies under his thumb.Congress created these specialized technocratic agencies inside the executive branch and delegated to them some of its power to make rules for society. But it did so on the condition that it was not simply handing off that power to presidents to wield like kings — putting commissioners atop them whom presidents appoint but generally cannot fire before their terms end, while using its control of their budgets to keep them partly accountable to lawmakers as well. (Agency actions are also subject to court review.)Presidents of both parties have chafed at the agencies’ independence. President Franklin D. Roosevelt, whose New Deal created many of them, endorsed a proposal in 1937 to fold them all into cabinet departments under his control, but Congress did not enact it.Later presidents sought to impose greater control over nonindependent agencies Congress created, like the Environmental Protection Agency, which is run by an administrator whom a president can remove at will. For example, President Ronald Reagan issued executive orders requiring nonindependent agencies to submit proposed regulations to the White House for review. But overall, presidents have largely left the independent agencies alone.Mr. Trump’s allies are preparing to change that, drafting an executive order requiring independent agencies to submit actions to the White House for review. Mr. Trump endorsed the idea on his campaign website, vowing to bring them “under presidential authority.”Such an order was drafted in Mr. Trump’s first term — and blessed by the Justice Department — but never issued amid internal concerns. Some of the concerns were over how to carry out reviews for agencies that are headed by multiple commissioners and subject to administrative procedures and open-meetings laws, as well as over how the market would react if the order chipped away at the Federal Reserve’s independence, people familiar with the matter said.The former president views the civil service as a den of “deep staters” who were trying to thwart him at every turn in the White House.John Tully for The New York TimesThe Federal Reserve was ultimately exempted in the draft executive order, but Mr. Trump did not sign it before his presidency ended. If Mr. Trump and his allies get another shot at power, the independence of the Federal Reserve — an institution Mr. Trump publicly railed at as president — could be up for debate. Notably, the Trump campaign website’s discussion of bringing independent agencies under presidential control is silent on whether that includes the Fed.Asked whether presidents should be able to order interest rates lowered before elections, even if experts think that would hurt the long-term health of the economy, Mr. Vought said that would have to be worked out with Congress. But “at the bare minimum,” he said, the Federal Reserve’s regulatory functions should be subject to White House review.“It’s very hard to square the Fed’s independence with the Constitution,” Mr. Vought said.Other former Trump administration officials involved in the planning said there would also probably be a legal challenge to the limits on a president’s power to fire heads of independent agencies. Mr. Trump could remove an agency head, teeing up the question for the Supreme Court.The Supreme Court in 1935 and 1988 upheld the power of Congress to shield some executive branch officials from being fired without cause. But after justices appointed by Republicans since Reagan took control, it has started to erode those precedents.Peter L. Strauss, professor emeritus of law at Columbia University and a critic of the strong version of the unitary executive theory, argued that it is constitutional and desirable for Congress, in creating and empowering an agency to perform some task, to also include some checks on the president’s control over officials “because we don’t want autocracy” and to prevent abuses.“The regrettable fact is that the judiciary at the moment seems inclined to recognize that the president does have this kind of authority,” he said. “They are clawing away agency independence in ways that I find quite unfortunate and disrespectful of congressional choice.”Mr. Trump has also vowed to impound funds, or refuse to spend money appropriated by Congress. After Nixon used the practice to aggressively block agency spending he was opposed to, on water pollution control, housing construction and other issues, Congress banned the tactic.On his campaign website, Mr. Trump declared that presidents have a constitutional right to impound funds and said he would restore the practice — though he acknowledged it could result in a legal battle.Mr. Trump and his allies also want to transform the civil service — government employees who are supposed to be nonpartisan professionals and experts with protections against being fired for political reasons.The former president views the civil service as a den of “deep staters” who were trying to thwart him at every turn, including by raising legal or pragmatic objections to his immigration policies, among many other examples. Toward the end of his term, his aides drafted an executive order, “Creating Schedule F in the Excepted Service,” that removed employment protections from career officials whose jobs were deemed linked to policymaking.Mr. Trump signed the order, which became known as Schedule F, near the end of his presidency, but President Biden rescinded it. Mr. Trump has vowed to immediately reinstitute it in a second term.Critics say he could use it for a partisan purge. But James Sherk, a former Trump administration official who came up with the idea and now works at the America First Policy Institute — a think tank stocked heavily with former Trump officials — argued it would only be used against poor performers and people who actively impeded the elected president’s agenda.“Schedule F expressly forbids hiring or firing based on political loyalty,” Mr. Sherk said. “Schedule F employees would keep their jobs if they served effectively and impartially.”Mr. Trump himself has characterized his intentions rather differently — promising on his campaign website to “find and remove the radicals who have infiltrated the federal Department of Education” and listing a litany of targets at a rally last month.“We will demolish the deep state,” Mr. Trump said at the rally in Michigan. “We will expel the warmongers from our government. We will drive out the globalists. We will cast out the communists, Marxists and fascists. And we will throw off the sick political class that hates our country.” More

  • in

    Chris Christie Takes On Donald Trump

    I offered to help prep Chris Christie for the debate with Donald Trump.Christie helped prep Trump in 2016, saying he played Hillary Clinton very aggressively so that Trump would think the real thing was “a cakewalk.”And now, sitting at a table in the Times cafeteria with the former New Jersey governor, I figured I could play Trump.We have both known the blackguard for decades. And let’s be honest. We want Christie on that wall. After years of watching Republicans cower before Trump, it’s bracing to see the disgraced former president finally meet his mean match.Even my Republican sister, who does not want to vote for Trump — but may if it’s Trump versus President Biden — sent Christie money to help him secure a spot on the debate stage.Trump has boasted that he’s so far ahead of his Republican rivals that he might not bother to show up for the first debate in August, hosted by Fox News in Milwaukee.“I think that he’ll show up at the debates because his ego won’t permit him not to,” Christie said. “He can’t have a big TV show that he’s not on.” He smiled, adding: “He’s on Truth Social going bonkers, and no one’s paying attention? He won’t deal well with that.”I warned that Trump is an asymmetrical fighter, so it’s hard to know how to go at him. Clinton tried to rise above him, and Marco Rubio imitated his crude style.“You just brought up two of the most unskilled politicians I’ve ever met,” Christie said, noting about Trump: “I don’t think he’s ever gone up against somebody who knows how to do what he does. He’s never run against somebody from New Jersey who understands what the New York thing is and what he’s all about. For people like me, who’ve grown up here and lived my whole life in this atmosphere, he’s just one of a lot of people I know who have that personality. He knows I know what his game is.”He said he isn’t running to get back at Trump for giving him a horrible case of Covid. Trump came to debate prep in September 2020 without telling Christie or anyone else that he had tested positive the day before, and Christie ended up in the I.C.U. for seven days. And he said he isn’t seeking payback because Trump didn’t make him attorney general. (Jared Kushner was still nursing a grudge because Christie put Kushner’s father in prison.)But even for a guy who could be plenty nasty as governor, trying to overturn democracy was a bridge too far.“The idea that somehow everyone’s going to stand around and wait for him to collapse of his own weight and then say, ‘Oh, I didn’t say anything bad about him,’” he said. “He’s never fallen of his own weight. The only time Donald Trump’s ever backed off in his life is when he’s been beaten to back off. I saw it happen in Atlantic City. He was bankrupt three times. He had to finally give in and close down.”Christie mocked Ron DeSantis responding to Jan. 6 by saying he was not in Washington — “Was he alive?” Christie asked Kaitlan Collins on CNN. He thinks DeSantis has already lost the authenticity contest: “If you say to Tucker Carlson that Ukraine is a territorial dispute and then a few days later you go to Piers Morgan and you call Putin a war criminal, well, it’s one or the other.”What about the end of the love affair with Fox News and Trump?“I’ve known Rupert for a long time,” Christie said. “I suspect Rupert’s view is, ‘Enough is enough.’”Is Trump, as his former chief of staff John Kelly said, scared to death?“He’s scared,” Christie said. “Look, a guy like him, the last place you ever want to be in life is in jail because you give up all control, and he’s a complete control freak.” Trump is playing checkers, not chess, Christie said, just scrambling to make that next jump.Christie is the ultimate Jersey guy. (His relationship with his idol, Bruce Springsteen, which shattered over his stint as a Trump sycophant, is “a work in progress,” he said.) So I wonder how he feels about Jack Smith zeroing in on vivid scenes at the golf club at Bedminster, N.J., with Trump waving around classified documents and then telling reporters it was simply “bravado” and the documents were merely plans for a golf course.“Yes, because look, for Donald Trump, it is better to be called a liar than to go to jail,” Christie said. “If what it buys him is a get-out-of-jail-free card, he’ll take that trade every day.”Trump has been peppering Christie with insults about his weight — “slob,” “Sloppy Chris Christie” and a phony video showing Christie feasting at a fried food buffet.“I’m not going to say it never bothers me,” Christie said, noting that, whenever you’re hit for “a weakness or a failure,” it depends on your mood how hard you take it. But, he added, Trump is no Adonis, so “coming from him? Who cares? Look in the mirror. I always thought it was very funny that he has this vision of himself. He told me one time the reason he ties his ties so long is that it slenderizes him and I should do the same thing.”Trump is also the one, back in 2005, who first suggested to Christie that he get lap-band surgery, which he eventually did. So, I ask, Trump used to be concerned about your health and now he viciously insults you about your weight?“That’s, in part, the magic of him,” Christie said. “He’s got it in him to do either. It’s not like he’s unable to be charming. He can be. But only when he’s looking for something from you.”What about the Biden age debate?“I think he’s beyond his sell-by date, and I think Trump is, too, by the way,” Christie, 60, said, adding about Biden, “I think his family should let him go home.” He asked, “Are they actually motivated by love for this guy, or is it motivated by the grift?”And Hunter Biden’s appearance at the state dinner for the Indian prime minister, two days after his plea deal?“Look, that also shows you Joe Biden’s not in control, because if he were of right mind, I don’t care how much you love your kid, he doesn’t have to be at the state dinner,” Christie said. “It’s not like you’re saying, ‘You can’t come to the White House. I can’t see you. I can’t visit with you. You’re toxic.’”He believes Kamala Harris is “a problem for Biden, and it will hurt him,” saying, “I don’t think Dan Quayle hurt George Bush 41. But George Bush 41 wasn’t 82 years old.”Since we’re heading into the Fourth of July, I wonder if Christie is having any acid flashbacks to the Fourth of July weekend of 2017 when, as governor, he was photographed sunning himself on a closed public beach during a state government shutdown.“My mistake,” he said. “I blew it. But no acid flashbacks.”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

  • in

    Qué pasa si un candidato a la presidencia de EE. UU. es condenado

    Las leyes estadounidenses y la Constitución brindan respuestas claras solo para algunas dudas que surgen. Otras podrían lanzar al país a territorio desconocido.Desde que Eugene Debs hizo campaña desde una celda de prisión hace más de un siglo, en Estados Unidos no se había visto lo que podría ocurrir ahora: un candidato importante condenado por un delito grave que contiende a la presidencia. Y nunca antes ese candidato había sido alguien con posibilidades reales de ganar.El expresidente Donald Trump no enfrenta restricciones de campaña. Aunque ha sido acusado de decenas de delitos graves en dos casos, uno federal y uno en Nueva York, aún falta mucho para que haya veredictos. Y existen muchas incertidumbres, entre ellas si los procedimientos van a obstaculizar la campaña de Trump a nivel práctico o si comenzarán a perjudicarlo en las encuestas de una manera que no lo han hecho hasta ahora.Pero si es condenado por alguno de los delitos graves, las cosas se complican y la Constitución y la legislación estadounidense solo tienen respuestas claras para algunas pocas de las cuestiones que surgirían.Otras llevarían al país por un territorio totalmente desconocido y las decisiones más importantes quedarían en manos de jueces federales.Esto es lo que sabemos y lo que no.¿Trump puede contender a la presidencia si es condenado?Esta es la pregunta más sencilla de todas. La respuesta es sí.La Constitución establece muy pocos requisitos de elegibilidad para los presidentes. Deben tener al menos 35 años, ser ciudadanos naturales “de nacimiento” y haber vivido en Estados Unidos al menos 14 años.No hay limitaciones basadas en la reputación o los antecedentes penales (aunque algunos estados prohíben a los delincuentes contender a cargos estatales y locales, estas leyes no se aplican a los cargos federales).¿Su campaña se vería limitada?Para decirlo de forma obvia, sería logísticamente difícil hacer campaña para la presidencia desde la cárcel. Ningún candidato de un partido mayoritario lo ha hecho nunca. Debs se presentó por el Partido Socialista en 1920 y recibió alrededor del 3 por ciento de los votos.Pero el equipo de campaña de Trump podría encargarse de la recaudación de fondos y otras actividades de la campaña en su ausencia y es muy poco probable que Trump pudiera ser inhabilitado para aparecer en las boletas electorales.El Partido Republicano y el Partido Demócrata tienen espacios garantizados en las boletas de las elecciones generales en todos los estados y los partidos indican a las autoridades electorales qué nombre poner en su lugar. Los estados podrían, en teoría, tratar de mantener a Trump fuera de las papeletas aprobando leyes que exijan no tener antecedentes penales, pero esto sería sobre un terreno jurídicamente inestable.“Dejamos que los estados decidan la hora, el sitio y la forma” de las elecciones, dijo Jessica Levinson, profesora de la Escuela de Derecho Loyola especializada en derecho electoral, “pero creo que la mejor lectura de nuestra Constitución es que no se permite que el estado añada nuevos requisitos sustantivos”.Si bien esa perspectiva no es universal entre los juristas, sí ganó en un tribunal en 2019, cuando California intentó exigir que los candidatos difundieran sus declaraciones de impuestos a fin de aparecer en las papeletas de las primeras. Un juez federal de distrito bloqueó el fallo, al indicar que lo más probable es que fuera inconstitucional. La Corte Suprema de California también la bloqueó de manera unánime como violación de la constitución estatal, y el caso nunca llegó a la Corte Suprema de EE. UU.¿Podría votar?Probablemente no.Trump está empadronado para votar en Florida y, en caso de ser condenado por un delito grave, sería privado del derecho al voto allí.La mayoría de los delincuentes en Florida recuperan su derecho a votar al terminar de cumplir su condena, incluida la libertad condicional, y el pago de todas las multas y cuotas. Pero es muy poco probable que Trump, en caso de ser condenado, tenga tiempo de cumplir su condena antes del día de las elecciones.Como Trump también tiene residencia en Nueva York, podría cambiar su registro de votante a ese estado para aprovechar que es más permisivo: en Nueva York, los delincuentes pueden votar cuando se encuentran en libertad condicional. Pero, en Florida y en casi todos los demás estados, siguen privados del derecho de voto mientras están en prisión.Así que si Trump fuera enviado a prisión, se encontrará en la extraordinaria situación de ser considerado apto para ser votado, pero no apto para votar.¿Qué sucede si resulta electo desde prisión?Nadie sabe.“Estamos muy lejos de cualquier cosa que haya ocurrido”, dijo Erwin Chemerinsky, experto en derecho constitucional de la Universidad de California en Berkeley. “Son solo conjeturas”.Desde el punto de vista jurídico, Trump seguiría siendo elegible para ser presidente incluso si fuera a prisión. La Constitución no dice nada en contra. “No creo que los constituyentes pensaran en ningún momento que íbamos a estar en esta situación”, dijo Levinson.En la práctica, la elección de un presidente preso crearía una crisis jurídica que casi con toda seguridad tendrían que resolver los tribunales.En teoría, Trump podría ser despojado de su autoridad en virtud de la Vigésima Quinta Enmienda, que establece un proceso para transferir la autoridad al vicepresidente si el presidente es “incapaz de cumplir con los poderes y deberes de su cargo”. Pero eso requeriría que el vicepresidente y una mayoría del Gabinete declararan a Trump incapaz de cumplir con sus obligaciones, una perspectiva remota dado que se trataría de leales designados por el propio Trump.Lo más probable es que Trump pudiera presentar una demanda para ser liberado con el argumento de que su encarcelamiento le impide cumplir sus obligaciones constitucionales como presidente. Un caso así podría centrarse en la separación de poderes y los abogados de Trump argumentarían que mantener en prisión a un presidente debidamente elegido equivaldría a una infracción del poder judicial en perjuicio de las operaciones del poder ejecutivo.También podría intentar indultarse a sí mismo, o conmutar su sentencia, dejando su condena en vigor pero poniendo fin a su encarcelamiento. Cualquiera de las dos acciones constituiría una afirmación extraordinaria del poder presidencial, y la Corte Suprema sería el árbitro final en cuanto a la constitucionalidad de un “autoperdón”.O, antes de dejar el cargo, el presidente Joe Biden podría indultar a Trump con base en que “el pueblo se ha manifestado y necesito perdonarlo para que pueda gobernar”, dijo Chemerinsky.¿Y qué pasa si resulta electo y una de las causas penales sigue en proceso?De nuevo, nadie sabe. Pero un resultado probable sería que un fiscal general nombrado por Trump retirara los cargos y diera por terminado el caso.El Departamento de Justicia no acusa a presidentes en funciones, conforme a una política esbozada en un memorando de 1973, durante la era de Richard Nixon. Nunca había sido necesario desarrollar una política sobre qué hacer con un presidente entrante que ya ha sido acusado. Pero el razonamiento para no acusar a los presidentes en funciones —algo que interferiría con la capacidad de fungir como tal— aplica del mismo modo en este escenario hipotético.“Las razones por las que no querríamos acusar a un presidente en funciones son las razones por las que no querríamos procesar a un presidente en funciones”, ha dicho Chemerinsky, que ha estado en desacuerdo con el razonamiento del departamento. “Mi conjetura es que, si el proceso continuara y Trump resultara electo, el Departamento de Justicia— que sería el Departamento de Justicia de Trump— diría: ‘Nos apegamos al memorando de 1973’”.Esto, como muchas otras cosas aquí planteadas, sería algo sin precedente legal, y es imposible saber qué haría la Corte Suprema si se le presentara la cuestión.En su fallo del caso Clinton contra Jones en 1997, el tribunal permitió que procediera una demanda contra el presidente Bill Clinton. Pero se trataba de un caso civil, no penal, y lo había presentado un ciudadano privado, no el mismo gobierno.Charlie Savage More

  • in

    What Happens if a Presidential Candidate Is Convicted?

    The Constitution and American law have clear answers for only some of the questions that would arise. Others would bring the country into truly uncharted territory.Not since Eugene V. Debs campaigned from a prison cell more than a century ago has the United States experienced what might now happen: a prominent candidate with a felony conviction running for president. And never before has that candidate been someone with a real chance of winning.Former President Donald J. Trump faces no campaign restrictions. Though he has been charged with dozens of felonies across two cases, one federal and one in New York, verdicts are a long way off. And there are many uncertainties, including whether the proceedings will hinder Mr. Trump’s campaign in practical ways or begin to hurt him in the polls in a way they have not so far.But if he is convicted on any of the felony counts, things get more complicated — and the Constitution and American law have clear answers for only some of the questions that would arise.Others would bring the country into truly uncharted territory, with huge decisions resting in the hands of federal judges.Here is what we know, and what we don’t know.Can Trump run if he is convicted?This is the simplest question of the bunch. The answer is yes.The Constitution sets very few eligibility requirements for presidents. They must be at least 35 years old, be “natural born” citizens and have lived in the United States for at least 14 years.There are no limitations based on character or criminal record. (While some states prohibit felons from running for state and local office, these laws do not apply to federal offices.) Would his campaign be restricted?To offer an obvious understatement, it would be logistically difficult to run for president from prison. No major-party candidate has ever done it. Mr. Debs ran for the Socialist Party in 1920 and received about 3 percent of the vote.But Mr. Trump’s campaign staff could handle fund-raising and other campaign activities in his absence, and it is very unlikely that Mr. Trump could be disqualified from appearing on ballots.The Republican and Democratic Parties have guaranteed spots on general-election ballots in every state, and the parties tell election officials whose name to put in their spot. States could, in theory, try to keep Mr. Trump off the ballot by passing legislation requiring a clean criminal record, but this would be on legally shaky ground.“We let states set the time, place and manner” of elections, said Jessica Levinson, a professor at Loyola Law School who specializes in election law, “but I think the best reading of our Constitution is you don’t let the state add new substantive requirements.”While that view is not universal among legal experts, it won in court in 2019, when California tried to require candidates to release their tax returns in order to appear on primary ballots. A federal district judge blocked the rule, saying it was most likely unconstitutional. The California Supreme Court also unanimously blocked it as a violation of the state constitution, and the case never reached the U.S. Supreme Court.Could he vote?Probably not.Mr. Trump is registered to vote in Florida, and he would be disenfranchised there if convicted of a felony.Most felons in Florida regain voting rights after completing their full sentence, including parole or probation, and paying all fines and fees. But it is highly unlikely that Mr. Trump, if convicted, would have time to complete his sentence before Election Day.Since Mr. Trump also has a residence in New York, he could switch his voter registration there to take advantage of its more permissive approach: Felons in New York can vote while on parole or probation. But, as in Florida and almost every other state, they are still disenfranchised while in prison.So if Mr. Trump is imprisoned, he will be in the extraordinary position of being deemed fit to be voted for, but unfit to vote.What happens if he is elected from prison?No one knows.“We’re so far removed from anything that’s ever happened,” said Erwin Chemerinsky, a constitutional law expert at the University of California, Berkeley. “It’s just guessing.”Legally, Mr. Trump would remain eligible to be president even if he were imprisoned. The Constitution says nothing to the contrary. “I don’t think that the framers ever thought we were going to be in this situation,” Professor Levinson said.In practice, the election of an incarcerated president would create a legal crisis that would almost certainly need to be resolved by the courts.In theory, Mr. Trump could be stripped of his authority under the 25th Amendment, which provides a process to transfer authority to the vice president if the president is “unable to discharge the powers and duties of his office.” But that would require the vice president and a majority of the cabinet to declare Mr. Trump unable to fulfill his duties, a remote prospect given that these would be loyalists appointed by Mr. Trump himself.More likely, Mr. Trump could sue to be released on the basis that his imprisonment was preventing him from fulfilling his constitutional obligations as president. Such a case would probably focus on the separation of powers, with Mr. Trump’s lawyers arguing that keeping a duly elected president in prison would be an infringement by the judicial branch on the operations of the executive branch.He could also try to pardon himself — or to commute his sentence, leaving his conviction in place but ending his imprisonment. Either action would be an extraordinary assertion of presidential power, and the Supreme Court would be the final arbiter of whether a “self pardon” was constitutional.Or President Biden, on his way out the door, could pardon Mr. Trump on the basis that “the people have spoken and I need to pardon him so he can govern,” Professor Chemerinsky said.What if he’s elected with a case still in progress?Again, no one knows. But a likely outcome would be that a Trump-appointed attorney general would withdraw the charges and end the case.The Justice Department does not indict sitting presidents, a policy outlined in a 1973 memo, during the Nixon era. It has never had reason to develop a policy on what to do with an incoming president who has already been indicted. But the rationale for not indicting sitting presidents — that it would interfere with their ability to perform their duties — applies just as well in this hypothetical scenario.“The reasons why we wouldn’t want to indict a sitting president are the reasons we wouldn’t want to prosecute a sitting president,” said Professor Chemerinsky, who has disagreed with the department’s reasoning. “My guess is, if the Trump prosecution were still ongoing in some way and Trump were elected, the Justice Department — which would be the Trump Justice Department — would say, ‘We’re following the 1973 memo.’”Like so much else here, this would be legally untested, and it is impossible to say what the Supreme Court would do if the question reached it.In its Clinton v. Jones ruling in 1997, the court allowed a lawsuit against President Bill Clinton to proceed. But that case was civil, not criminal, and it was filed by a private citizen, not by the government itself.Charlie Savage More

  • in

    I Won’t Let Donald Trump Invade My Brain

    I try to be a reasonable person. I try to be someone who looks out on the world with trusting eyes. Over the decades, I’ve built up certain expectations about how the world works and how people behave. I rely on those expectations as I do my job, analyzing events and anticipating what will happen next.And yet I’ve found that Donald Trump has confounded me at every turn. I’ve found that I’m not cynical enough to correctly anticipate what he is capable of.I have consistently underestimated his depravity. I was shocked at how thuggishly Trump behaved in that first debate with Joe Biden in 2020. As the Jan. 6 committee hearings progressed, I was stunned to find out just how aggressively Trump had worked to overthrow the election. And then, just last week, in reading his federal indictment, I was once again taken aback to learn how flagrantly he had breached national security.And yet I can’t quite feel ashamed of my perpetual naïveté toward Donald Trump. I don’t want to be the kind of person who can easily enter the head of an amoral narcissist.I’d rather not let him infect my brain. I’d rather not let that guy alter my views of the world. If occasional naïveté is the price for mental independence from Trump, I’m willing to pay it.I’ve been thinking about all this while bracing for the 17 months of campaigning that apparently lie ahead, with Trump probably once again the central focus of the nation’s consciousness. I’m thinking about how we will once again be forced to defend our inner sanctums as he seeks, on a minute-by-minute basis, to take up residence in our brains.I cling to a worldview that is easy to ridicule. I hold the belief that most people, while flawed, seek to be good. I hold the belief that our institutions, while fraying, are basically legitimate and deserve our respect. I hold the belief that character matters, and that good people ultimately prosper and unethical people are ultimately undone.I don’t think this worldview is born of childish innocence. It comes out of my direct experience with life, and after thousands of interviews, covering real-life politicians like Barack Obama, John McCain and Mitt Romney.Donald Trump, by his mere presence, is an assault on this worldview. Trump is a tyrant. As Aristotle observed all those many years ago, tyranny is all about arbitrariness. When a tyrant has power, there is no rule of law, there is no governing order. There is only the whim of the tyrant. There is only his inordinate desire to have more than his fair share of everything.Under political tyranny external laws become arbitrary. Even when Trump doesn’t wield state power, when he is merely campaigning, Trump wields cultural power. Under cultural tyranny internal values become arbitrary too — based on his whims and lusts of the moment.The categories we use to evaluate the world lose their meaning — cruelty and kindness, integrity and corruption, honesty and dishonesty, generosity and selfishness. High-minded values begin to seem credulous and absurd, irrelevant to the situation at hand. Trump’s mere presence spreads his counter-gospel: People are basically selfish; raw power runs the world. All that matters is winning and losing. Under his influence, subtly and insidiously, people develop more nihilistic mind-sets.Trump has already corroded the Republican Party in just this way. Let me focus on one value that Trump has already dissolved: the idea that there should be some connection between the beliefs you have in your head and the words that come out of your mouth. If you say something you don’t believe, you should at least have a twinge of guilt about your hypocrisy.I used to at least hear Republicans express guilt privately when they publicly supported a guy they held in contempt. That guilt seems to have gone away. Even the contempt has gone away. Many Republicans have switched off the moral faculty, having apparently concluded that personal morality doesn’t matter.Trump’s corrosive influence spreads far beyond his party. Any stable social order depends on a sense of legitimacy. This is the belief and faith that the people who have been given authority have a right to govern. They wield power for the common good.Trump assaults this value too. Prosecutors are not serving the rule of law, he insists, but are Joe Biden’s political pawns. Civil servants are nothing but “deep state” operatives to take Trump down. This cynical attitude has become pervasive in our society. Proper skepticism toward our institutions has turned into endemic distrust, a jaundiced cynicism that says: I’m onto the game; it’s corruption all the way down.Over the coming months, we face not merely a political contest, but a battle between those of us who believe in ideals, even though it can make us seem naïve at times, and those who argue that life is a remorseless struggle for selfish gain. Their victory would be a step toward cultural barbarism.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

  • in

    In Legal Peril, Trump Tries to Shift the Spotlight to Biden

    Donald J. Trump, who is under indictment, is trying to undermine the American justice system by lashing out at his successor.Under indictment and enraged, former President Donald J. Trump — with the help of Republican allies, social media supporters and Fox News — is lashing out at his successor in the hopes of undermining the charges against him.“A corrupt sitting president!” Mr. Trump blared on Tuesday night after being arrested and pleading not guilty in Miami. “The Biden administration has turned us into a banana republic,” one of his longtime advisers wrote in a fund-raising email. “Wannabe dictator,” read a chyron on Fox News, accusing Mr. Biden of having his political rival arrested.The accusations against Mr. Biden are being presented without any evidence that they are true, and Mr. Trump’s claims of an unfair prosecution came even after Attorney General Merrick B. Garland appointed a special counsel specifically to insulate the inquiries from political considerations.But that hardly seems to be the point for Mr. Trump and his allies as they make a concerted effort to smear Mr. Biden and erode confidence in the legal system. Just hours after his arraignment, Mr. Trump promised payback if he wins the White House in 2024.“I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” Mr. Trump said during remarks at his golf club in Bedminster, N.J.On Twitter, the former president’s followers used words like “traitor,” “disgrace,” “corrupt” and “biggest liar” to describe the current president. And while Fox News said on Wednesday that the “wannabe dictator” headline was “taken down immediately” and addressed, the network counts Mr. Trump’s many followers as loyal viewers.The response from Mr. Biden and his advisers has been studious silence.The president has vowed not to give the slightest hint that he is interfering in the criminal case against Mr. Trump, and he has ordered his White House aides and campaign staff members not to comment. That decision has quieted what is usually a robust rapid response team that aims to counter Republican attacks.The president’s press aides responsible for instantly blasting out pro-Biden commentary to reporters have gone dark. Even Senator Chuck Schumer, the majority leader, issued a terse “no comment” on Wednesday.Jill Biden, the first lady, broke the code of silence on Monday, telling donors at a fund-raiser in New York that she was shocked that Republicans were not bothered by Mr. Trump’s indictment. “My heart feels so broken by a lot of the headlines that we see on the news,” she said at the event, according to The Associated Press.The attorney general also weighed in — somewhat — on Wednesday with his first public comments since Mr. Trump was charged. He took the opportunity to defend Jack Smith, the special counsel, as “a veteran career prosecutor.”“He has assembled a group of experienced and talented prosecutors and agents who share his commitment to integrity and the rule of law,” Mr. Garland said.Still, the no-comment strategy out of the White House is reminiscent of the determined silence by Robert S. Mueller III, the special counsel who investigated Russian interference in the 2016 election and links between Russian operatives and Mr. Trump’s campaign. Mr. Mueller said virtually nothing for more than a year as Mr. Trump and his allies attacked his investigation and his motives.Like Mr. Mueller’s approach, Mr. Biden’s refusal to comment is intended to make sure he does not provide ammunition that his adversaries can try to use to undermine his credibility and integrity.But in the end, the sustained assault on Mr. Mueller and his investigation helped Mr. Trump create a false narrative and survive the damning revelations contained in the more than 400-page report bearing the prosecutor’s name.On Wednesday, when a reporter noted that Mr. Trump had accused Mr. Biden of “having him arrested, effectively directing his arrest,” Karine Jean-Pierre, the White House press secretary, said, “I’m not going to comment.”Eddie Vale, a longtime Democratic strategist, said the White House position made sense, given the need to avoid even the hint that Mr. Biden was meddling in Mr. Trump’s case.But he said members of outside Democratic groups would most likely begin coming to Mr. Biden’s defense if the attacks continued.“This is such a charged and hot subject,” Mr. Vale said. “There’s nothing to be gained by weighing in. But I think as it goes on, you will have folks on the outer circle weighing in.”Strategists for Mr. Trump promise that the attacks will continue.Chris LaCivita, a senior campaign consultant for Mr. Trump, said on Wednesday that it was fair to assign responsibility for the investigation to Mr. Biden because the special counsel was appointed by Mr. Biden’s attorney general.“There’s a thing called in government, the chain of command,” he said.America First Legal, the pro-Trump group founded by Stephen Miller, the architect of the former president’s immigration agenda, sent out a fund-raising appeal on Wednesday morning, using the indictment as a rallying cry.The theme has been echoed by Mr. Trump’s staunchest allies in Congress, who trained their ire on Mr. Biden even as they also railed against the Justice Department, the F.B.I., the “mainstream media” and Democrats generally.Most of them, it seemed, were trying to goad Mr. Biden into a reaction.“I, and every American who believes in the rule of law, stand with President Trump against this grave injustice,” tweeted Speaker Kevin McCarthy, the leading Republican in Congress.Mr. Biden has so far focused on governing.On Tuesday, the president met with Jens Stoltenberg, the secretary general of NATO, in the Oval Office. Later, he hosted a Juneteenth concert on the South Lawn of the White House, an event where it was easy to avoid the subject of Mr. Trump.“To me, making Juneteenth a federal holiday wasn’t just a symbolic gesture,” Mr. Biden told the crowd in brief remarks. “It was a statement of fact for this country to acknowledge the original sin of slavery.”But it is likely to get more difficult to refrain from wading into the Trump situation.On Saturday, the president is scheduled to attend a political rally with union supporters in Philadelphia. It is the kind of event where he would be expected to draw the contrast between himself and his rivals. Mr. Biden may be able to navigate that issue in the short term; Mr. Trump has a long way to go to win the Republican nomination.But if he does become Mr. Biden’s opponent for the presidency again, the strategy of avoidance may eventually have to change.As the first lady told donors at an event in California — referring to Mr. Trump’s four-year term in the White House: “We cannot go back to those dark days. And with your help, we won’t go back.” More