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    Wealthy GOP Donors Form Secret Coalitions to Wield More Influence

    Eager to offset a Democratic advantage among so-called dark money groups, wealthy pro-Trump conservatives like Peter Thiel are involved in efforts to wield greater influence outside the traditional party machinery.A new coalition of wealthy conservative benefactors that says it aims to “disrupt but advance the Republican agenda” gathered this week for a private summit in South Florida that included closed-door addresses from former President Donald J. Trump and an allied Senate candidate at Mr. Trump’s Mar-a-Lago club, according to documents and interviews.The coalition, called the Rockbridge Network, includes some of Mr. Trump’s biggest donors, such as Peter Thiel and Rebekah Mercer, and has laid out an ambitious goal — to reshape the American right by spending more than $30 million on conservative media, legal, policy and voter registration projects, among other initiatives.The emergence of Rockbridge, the existence of which has not previously been reported, comes amid escalating jockeying among conservative megadonors to shape the 2022 midterms and the future of the Republican Party from outside the formal party machinery, and often with little disclosure.In February, another previously unreported coalition of donors, the Chestnut Street Council, organized by the Trump-allied lobbyist Matt Schlapp, held a meeting to hear a pitch for new models for funding the conservative movement.If those upstart coalitions gain momentum, they will likely have to vie for influence among conservatives with existing donor networks that have been skeptical of or agnostic toward Mr. Trump.One that was created by the billionaire industrialists Charles G. and David H. Koch spent more than $250 million in 2020. Another, spearheaded by the New York hedge fund billionaire Paul Singer, hosted top Republican politicians in February.The surge in secretive fund-raising does not end there — a number of nonprofit groups with varying degrees of allegiance to Mr. Trump are also vying to become leading distributors of donor funds to the right.Taken together, the jockeying highlights frustration on the right with the political infrastructure that surrounds the Republican Party, and, in some cases, with its politicians, as well as disagreements about its direction as Mr. Trump teases another presidential run.The efforts to harness the fortunes of the party’s richest activists could help it capitalize on a favorable electoral landscape headed into this year’s midterm elections, and — potentially — the 2024 presidential campaign. Conversely, the party’s prospects could be dimmed if the moneyed class invests in competing candidates, groups and tactics.The willingness of donors to organize on their own underscores the migration of power and money away from the official organs of the respective parties, which are required to disclose their donors, to outside groups that often have few disclosure requirements. It also reflects a concern among some influential Republicans that the political right faces a disadvantage when it comes to nonprofit groups that support the candidates and causes of each party.How Donald J. Trump Still LoomsGrip on G.O.P.: Mr. Trump remains the most powerful figure in the Republican Party. However, there are signs his control is loosening.Power Struggle: Led by Senator Mitch McConnell, a band of anti-Trump Republicans is maneuvering to thwart the ex-president.Midterms Effect: Mr. Trump has become a party kingmaker, but his involvement in state races worries many Republicans.Post-Presidency Profits: Mr. Trump is melding business with politics, capitalizing for personal gain.Just the Beginning: For many Trump supporters who marched on Jan. 6, the day was not a disgraced insurrection but the start of a movement.An analysis by The New York Times found that 15 of the most politically active nonprofit organizations that generally align with the Democratic Party spent more than $1.5 billion in 2020 in funds for which the donors’ identities are not disclosed. That compared to roughly $900 million in so-called dark money spent by a comparable sample of 15 groups aligned with Republicans.The effort to close that gap — and to make gains in political consulting and technology that undergirds the right’s political infrastructure — has been a major subject of discussion among these coalitions.Former President Donald J. Trump addressed the Rockbridge Network on Tuesday night at his private club in Mar-a-Lago.Brittany Greeson for The New York Times“We need to show our side is organized and has the necessary institutional know-how and financial support, in order to have any shot at winning future elections,” reads a brochure for the Rockbridge Network.The brochure, which circulated in Republican finance circles this year, calls Rockbridge “a kind of political venture capital firm” that will “leverage our investors’ capital with the right political expertise” to “replace the current Republican ecosystem of think tanks, media organizations and activist groups that have contributed to the Party’s decline with better action-oriented, more effective people and institutions that are focused on winning.”Among the initiatives cited in the Rockbridge brochure are media-related functions — including public relations, messaging, polling, “influencer programs” and investigative journalism — with a combined budget of $8 million.A “lawfare and strategic litigation” effort with a projected cost of $3.75 million is intended to use the courts “to hold bad actors, including the media, accountable.” A “transition project,” with an estimated price tag of $3 million, is intended to assemble policy experts and plans to create a “government-in-waiting” to “staff the next Republican administration.”A “red state project” is intended to mimic a model pioneered by the left in which strategists coordinate the efforts of an array of movement groups to complement one another and avoid overlap. It is estimated to cost $6 million to $8 million per state, and is initially focused on the swing states of Arizona, Nevada and Michigan.A person familiar with Rockbridge described those projects, and their fund-raising goals, as aspirational, and said the coalition had so far focused on allocating donor funds to pre-existing groups to accomplish its goals, rather than creating new ones.The person said that the coalition had tested some of its plans, including a voter registration initiative, last year in Arizona, which is identified in the brochure as a case study.Arizona was the site of Rockbridge’s first summit, which was held last year. It featured a speech by Mr. Thiel, the billionaire tech investor. He and Ms. Mercer, the daughter of the hedge fund magnate Robert Mercer, were among Mr. Trump’s biggest donors in 2016, and worked closely together on his presidential transition team.Since then, Mr. Thiel has emerged as a key kingmaker, supporting 16 Senate and House candidates, some of whom have also been backed by Ms. Mercer. Many of their candidates have embraced the lie that Mr. Trump won the 2020 election.One, Blake Masters, a former employee of Mr. Thiel’s who is running for Senate in Arizona, spoke at the Rockbridge dinner reception at Mar-a-Lago on Tuesday night before Mr. Trump, and conceivably could benefit from Rockbridge’s efforts.Mr. Thiel donated $10 million each to super PACs supporting Mr. Masters and J.D. Vance, an Ohio Senate candidate.It was not clear whether Mr. Thiel or Ms. Mercer attended the Rockbridge gathering this week, which included sessions at another hotel in addition to the dinner reception at Mar-a-Lago Tuesday night. The Mar-a-Lago dinner occurred just before another event there that drew Trump loyalists — the premiere of a movie critical of Mark Zuckerberg, the chief executive of Facebook parent company Meta, for providing grants in 2020 to election administrators struggling to cover the costs of holding an election amid a pandemic. Mr. Thiel has been a board member at Meta, but is leaving that position to focus on trying to influence the midterm elections. His involvement in Rockbridge suggests he could be branching into dark-money nonprofit spending.Rockbridge was founded by Christopher Buskirk, who is the editor and publisher of the pro-Trump journal American Greatness and has advised a super PAC supporting Mr. Masters.A spokesman for Mr. Thiel declined to comment. Efforts to reach Ms. Mercer were not successful.Mr. Schlapp, who helped expand the Koch brothers’ political operation more than 15 years ago, said he created the Chestnut Street Council because donors approached him after the 2020 election “expressing frustration with the more normal routes for funding political operations.”“We decided that it made sense to work with these donors to find better investment opportunities,” he said.He suggested that the group would support legal battles over voting rules.At a Chestnut Street Council meeting in February, donors heard a presentation from the veteran Republican fund-raiser Caroline Wren.Ms. Wren, who helped raise money for many Trump political initiatives, including the rally that preceded the Jan. 6 attack on the Capitol, said the right should try to replicate the left’s system of donor alliances and nonprofit funding hubs to incubate new groups and increase cooperation between existing ones, according to a person familiar with the presentation.While new funding hubs have emerged on the right in recent years, none have matched the sophistication or spending levels of those on the left.The Conservative Partnership Institute, has sought to become “the hub of the conservative movement.” It claimed in its 2021 annual report to have played a role in the creation of several new conservative nonprofits, including America First Legal, which is led by former Trump aide Stephen Miller; the Center for Renewing America, led by another Trump alumnus, Russ Vought; and the American Cornerstone Institute, led by Ben Carson, the former secretary of housing and urban development.Rebekah Mercer, right, was among Mr. Trump’s biggest donors in 2016, and worked on his presidential transition team.Andrew Harnik/Associated PressThe group also houses the Election Integrity Network, which is led by Cleta Mitchell, the conservative lawyer who was on the hourlong call with Georgia officials and Mr. Trump when the then-president pressured them to “find” enough votes to flip the result. The Conservative Partnership Institute received a $1 million infusion from Mr. Trump’s PAC last summer and held a donor retreat at Mar-a-Lago, Mr. Trump’s private club, last spring.Such groups have far fewer disclosure requirements than campaigns and political action committees. Funding hubs like the Conservative Partnership Institute and another nonprofit network shaped by the judicial activist Leonard A. Leo are required to disclose their grants to other groups, but not the donors who supplied the cash, while donor coalitions like the Rockbridge Network and Chestnut Street Council will likely not be required to disclose either.The willingness of Mr. Trump and other officials and prospective presidential candidates to engage with these coalitions is a testament to their increasing centrality in American politics.Recent private gatherings hosted in Colorado and Palm Beach, Fla., by Mr. Singer’s coalition, the American Opportunity Alliance, drew appearances by former Secretary of State Mike Pompeo, Gov. Ron DeSantis of Florida, former Vice President Mike Pence and Nikki Haley, a former United Nations ambassador.Representative Tom Emmer of Minnesota, the chairman of the National Republican Congressional Committee, was expected to speak at the Rockbridge Network meeting in Palm Beach this week. More

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    Jan. 6 Investigation Confronts Sprawling Cast of Characters

    The wide net being cast by prosecutors as they move beyond charging rioters could encompass scores of potential witnesses from inside and outside of government.Among the challenges facing the federal grand jury recently empaneled to investigate the Jan. 6 attack on the Capitol is the sheer number of people who might have information relevant to its inquiry.According to a subpoena issued by the grand jury, prosecutors are asking for records about people who organized or spoke at several pro-Trump rallies after the election. They presumably include two events in Washington in November and December 2020 that preceded the gathering on the Ellipse near the White House on Jan. 6, 2021, where President Donald J. Trump told the crowd to descend on the Capitol.The subpoena is also seeking records about anyone who provided security at those events and about those who were deemed to be “V.I.P. attendees.”Moreover, it requests information about any members of the executive and legislative branches who may have taken part in planning or executing the rallies, or tried to “obstruct, influence, impede or delay” the certification of the presidential election.Each of these broad categories could involve dozens of individuals. Taken together, the total number of potential witnesses — or at some point, targets — sought after by the grand jury could easily reach into the hundreds.The investigation appears to be in its early stages and there is no way of knowing at this point where it may go, what crimes it might identify or who it may ultimately focus on. Many people of interest to investigators might be called only as witnesses.One possible road map — at least in terms of who the grand jury may still want to hear from — is the parallel probe by the House select committee investigating the Capitol attack, which has already interviewed hundreds of witnesses, including, on Tuesday, Ivanka Trump, the former president’s daughter and adviser.The RalliesA group called Women for America First organized a number of Pro-Trump events, including one in Washington on Dec. 12, 2020.Victor J. Blue for The New York TimesA relatively small group of political operatives did the bulk of the work in organizing the pro-Trump rallies in Washington that kicked off after the election and sought to challenge the results, often using the slogan “Stop the Steal.”Prominent among them, according to interviews and documents, was Amy Kremer, a former Tea Party activist who helped create a group called Women for America First. The group set up a cross-country bus tour gathering Mr. Trump’s aggrieved supporters behind the baseless assertions of a stolen election.Within hours of the last polls closing on Election Day, Ms. Kremer started working closely with her daughter, Kylie Jane Kremer, to set up one of the first “Stop the Steal” Facebook pages. Both women were involved — often in close coordination with the White House — in planning pro-Trump rallies on Nov. 14 and Dec. 12, 2020, and then in setting up Mr. Trump’s appearance at the Ellipse on Jan. 6, 2021.Two other people who helped Ms. Kremer were Jennifer L. Lawrence and Dustin Stockton, both of whom had once worked closely with Stephen K. Bannon, a former top adviser to Mr. Trump. Another organizer for Women for America First was Cindy Chafian, who ultimately broke away from the group to form a new organization, the Eighty Percent Coalition, which planned its own event on Jan. 5.Then there was a separate group of planners around Ali Alexander, a provocateur who rose in right-wing circles after the election. Mr. Alexander, an associate of Mr. Trump’s longtime adviser Roger J. Stone Jr., was part of a group of activists who planned an event at the Capitol itself and marched with the crowd to the building after Mr. Trump’s speech at the Ellipse.Altogether, scores of people spoke at the rallies in November and December and at the gatherings on Jan. 5 and Jan. 6. They included people like Mr. Stone; Mr. Trump’s former national security adviser, Michael T. Flynn; and Alex Jones, the conspiracy theorist and host of the TV show Infowars. The speakers also included pastors, state-level politicians and anti-vaccine activists.It is hard to know who prosecutors might consider a “V.I.P.” from these events — especially for the November rally, often known as the Million MAGA March, and the one in December, which is sometimes referred to as the Jericho March.There were dozens of V.I.P.s who attended Mr. Trump’s incendiary speech at the Ellipse on Jan. 6, according to leaked documents from event organizers. That rally also featured appearances by Rudolph W. Giuliani, Mr. Trump’s personal lawyer, and John C. Eastman, the law professor who was promoting the idea that Vice President Mike Pence could block congressional certification of the Electoral College results.The attendees at the Ellipse speech included Mike Lindell, the MyPillow chief executive who helped spread Mr. Trump’s lies about a rigged election, and the YouTube stars known as Diamond and Silk, who are prominent Trump supporters.Trump’s CirclesMark Meadows, a White House chief of staff under President Donald J. Trump, worked closely with Mr. Trump’s allies in the weeks after Election Day and was with him as the riot at the Capitol unfolded.Al Drago for The New York TimesThe federal grand jury subpoena examined by The New York Times seeks information about members of the executive and legislative branches who might have been involved in the effort to delay congressional certification of the election results, suggesting that prosecutors are interested in learning more about the roles that Mr. Trump’s aides and allies inside the government may have played.It is not clear if any Trump-era executive or legislative branch members have received subpoenas, and there is no public indication that anyone has been targeted for prosecution.But in looking for more information about what was happening at both the White House and on Capitol Hill as Mr. Trump sought to stay in power, the House select committee has already expressed interest in a range of White House and campaign advisers, as well as contractors who worked to set up the rally. They exist in concentric circles in and around Mr. Trump’s orbit.Among them is Mark Meadows, the White House chief of staff under Mr. Trump, who turned over text messages to the House committee that served as a road map not just of his own activities, but those of others. He was one of the few people with Mr. Trump as the riot at the Capitol took place.Katrina Pierson, a longtime Trump political adviser, was in direct contact with Mr. Trump about the details of the rallies on Jan. 5 and Jan. 6, including who would be speaking and what music would be played, according to a former administration official and the House committee. She attended a meeting in which Mr. Trump is said to have discussed wanting the National Guard deployed, anticipating counterprotests.Caroline Wren, a professional fund-raiser and a friend of Kimberly Guilfoyle, an adviser to Mr. Trump and the girlfriend of Donald Trump Jr., was listed on an attachment for a permit that rally organizers gave the Park Police. Megan Powers, a longtime Trump aide, was listed on a rally permit.Members of CongressRepresentative Paul Gosar, Republican of Arizona, helped promote “Stop the Steal” rallies, although his staff says he was not involved in planning them.Stefani Reynolds for The New York TimesAmong the Republicans in Congress who worked publicly to keep Mr. Trump in power were Representatives Mo Brooks of Alabama, Paul Gosar of Arizona and Andy Biggs of Arizona, all of whom Mr. Alexander, the “Stop the Steal” organizer, has said helped set the events of Jan. 6 in motion.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 5Ivanka Trump to testify. More

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    Ivanka Trump to Testify to House Panel Investigating Jan. 6 Attack

    The former president’s daughter and adviser was in the West Wing with him as a pro-Trump mob stormed the Capitol. She is said to have tried to persuade him to call off the rioters.WASHINGTON — Ivanka Trump, former President Donald J. Trump’s eldest daughter, who served as one of his senior advisers, plans to testify on Tuesday before the House committee investigating the Jan. 6 attack on the Capitol, according to a person familiar with the matter.Ms. Trump was one of several aides who tried to persuade the president to call off the violence that ultimately injured more than 150 police officers and sent lawmakers and Vice President Mike Pence fleeing for safety, according to evidence gathered by the committee.The schedule for her testimony, which was reported earlier by NBC, comes days after her husband, Jared Kushner, who was also a top adviser to Mr. Trump, sat for an interview and provided what one member of the panel described as “valuable” and “helpful” information.“There were some things revealed, but we’ll just share that a little later,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said of Mr. Kushner’s testimony.Ms. Trump and Mr. Kushner are among the highest-ranking Trump White House officials to testify before the committee. The interviews have been closed to the public as the panel conducts its work in secret.Ms. Trump’s lawyers have been in talks with the committee since January, when it sent her a letter requesting voluntary testimony. In the letter, dated Jan. 20, the committee said it had heard from Keith Kellogg, a retired lieutenant general who was Mr. Pence’s national security adviser. Mr. Kellogg had described Mr. Trump’s refusal to condemn the violence as the mob engulfed the Capitol, despite White House officials — including Ms. Trump, at least twice — urging him to do so, the letter said.Mr. Kellogg testified that the president had rejected entreaties from him as well as from Mark Meadows, his chief of staff, and Kayleigh McEnany, the White House press secretary. Mr. Kellogg then appealed to Ms. Trump to intervene.“She went back in, because Ivanka can be pretty tenacious,” Mr. Kellogg testified.Mr. Kellogg also testified that he and Ms. Trump had witnessed a telephone call in the Oval Office on the morning of Jan. 6 in which Mr. Trump pressured Mr. Pence to go along with a plan to throw out electoral votes for Joseph R. Biden Jr. when Congress met to certify the Electoral College results. The call to Mr. Pence was part of an effort to invalidate the 2020 election and give Mr. Trump a chance to stay in office.Mr. Kellogg told the committee that the president had accused Mr. Pence of not being “tough enough” to overturn the election. Ms. Trump then said to Mr. Kellogg, “Mike Pence is a good man,” Mr. Kellogg testified.The committee has interviewed more than 800 witnesses and plans to interview dozens more. Mr. Thompson told reporters on Monday that he had authorized five additional subpoenas that day.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Justice Department widens inquiry. More

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    Why the Jan. 6 Investigation Is a Test for Biden and Merrick Garland

    WASHINGTON — Immediately after Merrick B. Garland was sworn in as attorney general in March of last year, he summoned top Justice Department officials and the F.B.I. director to his office. He wanted a detailed briefing on the case that will, in all likelihood, come to define his legacy: the Jan. 6 assault on the Capitol.Even though hundreds of people had already been charged, Mr. Garland asked to go over the indictments in detail, according to two people familiar with the meeting. What were the charges? What evidence did they have? How had they built such a sprawling investigation, involving all 50 states, so fast? What was the plan now?The attorney general’s deliberative approach has come to frustrate Democratic allies of the White House and, at times, President Biden himself. As recently as late last year, Mr. Biden confided to his inner circle that he believed former President Donald J. Trump was a threat to democracy and should be prosecuted, according to two people familiar with his comments. And while the president has never communicated his frustrations directly to Mr. Garland, he has said privately that he wanted Mr. Garland to act less like a ponderous judge and more like a prosecutor who is willing to take decisive action over the events of Jan. 6.Speaking to reporters on Friday, Mr. Garland said that he and the career prosecutors working on the case felt only the pressure “to do the right thing,” which meant that they “follow the facts and the law wherever they may lead.”Still, Democrats’ increasingly urgent calls for the Justice Department to take more aggressive action highlight the tension between the frenetic demands of politics and the methodical pace of one of the biggest prosecutions in the department’s history.“The Department of Justice must move swiftly,” Representative Elaine Luria, Democrat of Virginia and a member of the House committee investigating the riot, said this past week. She and others on the panel want the department to charge Trump allies with contempt for refusing to comply with the committee’s subpoenas.“Attorney General Garland,” Ms. Luria said during a committee hearing, “do your job so that we can do ours.”This article is based on interviews with more than a dozen people, including officials in the Biden administration and people with knowledge of the president’s thinking, all of whom asked for anonymity to discuss private conversations.In a statement, Andrew Bates, a White House spokesman, said the president believed that Mr. Garland had “decisively restored” the independence of the Justice Department.“President Biden is immensely proud of the attorney general’s service in this administration and has no role in investigative priorities or decisions,” Mr. Bates said.A Justice Department spokesman declined to comment.The Jan. 6 investigation is a test not just for Mr. Garland, but for Mr. Biden as well. Both men came into office promising to restore the independence and reputation of a Justice Department that Mr. Trump had tried to weaponize for political gain.For Mr. Biden, keeping that promise means inviting the ire of supporters who say they will hold the president to the remarks he made on the anniversary of the assault on the Capitol, when he vowed to make sure “the past isn’t buried” and said that the people who planned the siege “held a dagger at the throat of America.”President Biden and Mr. Garland are managing a relationship between the White House and the Justice Department unlike any other in American history. Doug Mills/The New York TimesComplicating matters for Mr. Biden is the fact that his two children are entangled in federal investigations, making it all the more important that he stay out of the Justice Department’s affairs or risk being seen as interfering for his own family’s gain.The department is investigating whether Ashley Biden was the victim of pro-Trump political operatives who obtained her diary at a critical moment in the 2020 presidential campaign, and Hunter Biden is under federal investigation for tax avoidance and his international business dealings. Hunter Biden has not been charged with a crime and has said he handled his affairs appropriately.Justice Department officials do not keep Mr. Biden abreast of any investigation, including those involving his children, several people familiar with the situation said. The cases involving Hunter Biden and Ashley Biden are worked on by career officials, and people close to the president, including Dana Remus, the White House counsel, have no visibility into them, those people said.Still, the situation crystallizes the delicate ground that Mr. Biden and Mr. Garland are navigating.When it comes to Jan. 6, Justice Department officials emphasize that their investigation has produced substantial results already, including more than 775 arrests and a charge of seditious conspiracy against the leader of a far-right militia. More than 280 people have been charged with obstructing Congress’s duty to certify the election results.And federal prosecutors have widened the investigation to include a broad range of figures associated with Mr. Trump’s attempts to cling to power. According to people familiar with the inquiry, it now encompasses planning for pro-Trump rallies ahead of the riot and the push by some Trump allies to promote slates of fake electors.The Justice Department’s Jan. 6 inquiry has led to more than 775 arrests. More than 280 people have been charged with obstructing Congress’s duty to certify the election results.Erin Schaff/The New York TimesThe Justice Department has given no public indication about its timeline or whether prosecutors might be considering a case against Mr. Trump.The House committee investigating the Jan. 6 attack can send criminal referrals to the Justice Department, but only the department can bring charges. The panel is working with a sense of urgency to build its case ahead of this year’s midterm elections, when Republicans could retake the House and dissolve the committee.Mr. Biden, a longtime creature of the Senate, is aghast that people close to Mr. Trump have defied congressional subpoenas and has told people close to him that he does not understand how they think they can do so, according to two people familiar with his thinking.Mr. Garland has not changed his approach to criminal prosecutions in order to placate his critics, according to several Justice Department officials who have discussed the matter with him. He is regularly briefed on the Jan. 6 investigation, but he has remained reticent in public.“The best way to undermine an investigation is to say things out of court,” Mr. Garland said on Friday.Even in private, he relies on a stock phrase: “Rule of law,” he says, “means there not be one rule for friends and another for foes.”He did seem to acknowledge Democrats’ frustrations in a speech in January, when he reiterated that the department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.”Quiet and reserved, Mr. Garland is well known for the job he was denied: a seat on the Supreme Court. President Barack Obama nominated him in March 2016 after the death of Justice Antonin Scalia, but Senate Republicans blockaded the nomination.Mr. Garland’s peers regard him as a formidable legal mind and a political centrist. After graduating from Harvard Law School, he clerked for a federal appeals court judge and Justice William J. Brennan Jr. of the Supreme Court before becoming a top official in the Justice Department under Attorney General Janet Reno. There, he prosecuted domestic terrorism cases and supervised the federal investigation into the Oklahoma City bombing.His critics say that his subsequent years as an appeals court judge made him slow and overly deliberative. But his defenders say that he has always carefully considered legal issues, particularly if the stakes were very high — a trait that most likely helped the Justice Department secure a conviction against Timothy J. McVeigh two years after the Oklahoma City attack.During the presidential transition after the 2020 election, Mr. Biden took his time mulling over candidates to be attorney general, according to a senior member of the transition team. He had promised the American people that he would reestablish the department as an independent arbiter within the government, not the president’s partisan brawler.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Justice Department widens inquiry. More

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    Justice Dept. Widens Jan. 6 Inquiry to More Pro-Trump Figures

    Federal prosecutors have been seeking documents and testimony about the fake electors scheme and the planning for the rally just before the storming of the Capitol.Federal prosecutors have substantially widened their Jan. 6 investigation to examine the possible culpability of a broad range of figures involved in former President Donald J. Trump’s efforts to overturn the results of the 2020 election, people familiar with the inquiry said on Wednesday.The investigation now encompasses the possible involvement of other government officials in Mr. Trump’s attempts to obstruct the certification of President Biden’s Electoral College victory and the push by some Trump allies to promote slates of fake electors, they said.Prosecutors are also asking about planning for the rallies that preceded the assault on the Capitol, including the rally on the Ellipse on Jan. 6 of last year, just before a pro-Trump mob stormed the Capitol.The federal investigation initially focused largely on the rioters who had entered the Capitol, an effort that has led to more than 700 arrests. But the Justice Department appears to have moved into a new phase, seeking information about people more closely tied to Mr. Trump. This development comes amid growing political pressure on Attorney General Merrick B. Garland to move more aggressively on the case.A grand jury sitting in Washington is investigating the rallies that preceded the storming of the Capitol, a person familiar with the matter said.One of the subpoenas, which was reviewed by The New York Times, sought information about people “classified as VIP attendees” at Mr. Trump’s Jan. 6 rally.It also sought information about members of the executive and legislative branches who had been involved in the “planning or execution of any rally or any attempt to obstruct, influence, impede or delay” the certification of the 2020 election.And it asked about the effort by Trump supporters to put forward alternate slates of electors as Mr. Trump and his allies were seeking to challenge the certification of the Electoral College outcome by Congress on Jan. 6.Another person briefed on the grand jury investigation said at least one person involved in the logistics of the Jan. 6 rally had been asked to appear.In pursuing Jan. 6 cases, prosecutors have been assembling evidence documenting how defendants have cited statements from Mr. Trump to explain why they stormed the Capitol. And prosecutors have cited in some cases a Twitter post from Mr. Trump weeks before Jan. 6 exhorting his followers to come to Washington, a call that motivated extremist groups in particular.The expanded criminal inquiry is unfolding as a separate investigation by the House select committee on the Capitol riot is gathering evidence about Mr. Trump’s efforts to hold onto power and weighing the possibility of making a criminal referral of Mr. Trump to the Justice Department.On Monday, a federal judge in California, in a civil case involving the House committee, concluded that Mr. Trump likely engaged in criminal conduct, including obstructing the work of Congress and conspiring to defraud the United States.Mr. Garland has given little public indication of whether the Justice Department would consider prosecuting Mr. Trump, saying only that the department will follow the facts wherever they lead.But the expanded inquiry, elements of which were reported earlier by the Washington Post, suggests that prosecutors are pursuing a number of lines of inquiry. Those include any connections between the attack on the Capitol and the organizers and prominent participants in the rally on the Ellipse, and potential criminality in the promotion of pro-Trump slates of electors to replace slates named by states won by Mr. Biden.The Justice Department previously said it was looking into the slates of electors that had falsely declared Mr. Trump the victor in seven swing states won by Mr. Biden.Even as election officials in the seven contested states sent official lists of electors who had voted for Mr. Biden to the Electoral College, the fake slates claimed Mr. Trump was the winner in an apparent bid to subvert the election outcome.Lawmakers, state officials and the House committee investigating the Jan. 6 riot had asked the Justice Department to look into the role played by those fake electors and the documents they submitted to the National Archives on Dec. 14, 2020. The grand jury subpoenas suggest that prosecutors are seeking to gather evidence of whether submitting the documents to a federal agency amounted to a crime.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Jan. 6 call logs. More

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    Call Logs Underscore Trump’s Efforts to Sway Lawmakers on Jan. 6

    New details from White House documents provided to the House panel investigating the Capitol assault show a 7-hour gap in records of calls made by the former president on the day of the riot.WASHINGTON — As part of his frenzied attempt to cling to power, President Donald J. Trump reached out repeatedly to members of Congress on Jan. 6 both before and during the siege of the Capitol, according to White House call logs and evidence gathered by the House committee investigating the attack.The logs, reported earlier by The Washington Post and CBS and authenticated by The New York Times, indicated that Mr. Trump had called Republican members of Congress, including Senator Mitch McConnell of Kentucky, Senator Josh Hawley of Missouri and Representative Jim Jordan of Ohio, as he sought to pressure Vice President Mike Pence to reject electoral votes from several states.But the logs also have a large gap with no record of calls by Mr. Trump from critical hours when investigators know that he was making them. The call logs were among documents turned over by the National Archives to the House committee examining the Jan. 6 attack last year on the Capitol.The New York Times reported last month that the committee had discovered gaps in official White House telephone logs from the day of the riot. The Washington Post and CBS reported Tuesday that a gap in the phone logs amounted to seven hours and 37 minutes, including the period when the building was being assaulted.Investigators have not uncovered evidence that any of the call logs were tampered with or deleted. It is well known that Mr. Trump routinely used his personal cellphone, and those of his aides, to talk with other aides, congressional allies and outside confidants, bypassing the normal channels of presidential communication and possibly explaining why the calls were not logged.The logs appear to have captured calls that were routed through the White House switchboard. Three former officials who worked under Mr. Trump said that he mostly used the switchboard operator for outgoing calls when he was in the residence. He would occasionally use it from the Oval Office, the former officials said, but more often he would make calls through the assistants sitting outside the office, as well as from his cellphone or an aide’s cellphone. The assistants were supposed to keep records of the calls, but officials said the record-keeping was not thorough.People trying to reach Mr. Trump sometimes called the cellphone of Dan Scavino Jr., the former deputy chief of staff and omnipresent aide, one of the former officials said. (The House committee investigating the attack recommended Monday evening that Mr. Scavino be charged with criminal contempt of Congress for refusing to cooperate with a subpoena from the panel.)But the call logs nevertheless show how personally involved Mr. Trump was in his last-ditch attempt to stay in office.One of the calls made by Mr. Trump on Jan. 6, 2021 — at 9:16 a.m. — was to Mitch McConnell of Kentucky, the Senate’s top Republican, who refused to go along with Mr. Trump’s pressure campaign. Mr. Trump checked with the White House switchboard operator at 10:40 a.m. to make sure a message had been left for Mr. McConnell.Mr. McConnell declined to return the president’s calls, he told reporters on Tuesday.“The last time I spoke to the president was the day after the Electoral College declared President Biden the winner,” Mr. McConnell said. “I publicly congratulated President Biden on his victory and received a phone call after that from President Trump and that’s the last time we’ve spoke.”The logs also show Mr. Trump reached out on the morning of Jan. 6 to Mr. Jordan, who had been among those members of Congress organizing objections to Mr. Biden’s election on the House floor.The logs show Mr. Trump and Mr. Jordan spoke from 9:24 a.m. to 9:34 a.m. Mr. Jordan has acknowledged speaking with Mr. Trump on Jan. 6, though he has said he cannot remember how many times they spoke that day or when the calls occurred.Mr. Trump called Mr. Hawley at 9:39 a.m., and Mr. Hawley returned his phone call. A spokesman for Mr. Hawley said Tuesday that the two men did not connect and did not speak until March. Mr. Hawley had been the first senator to announce he would object to President Biden’s victory, and continued his objections even after rioters stormed the building and other senators backed off the plan.The logs also show that Mr. Trump spoke from 11:04 a.m. to 11:06 a.m. with former Senator David Perdue, Republican of Georgia, who had recently lost his re-election campaign to Senator Jon Ossoff.A spokesman for Senator Bill Hagerty, Republican of Tennessee, confirmed he had called Mr. Trump on Jan. 6 but said they did not connect. Mr. Hagerty declined to comment.Despite the lack of call records from the White House, the committee has learned that Mr. Trump spoke on the phone with other Republican lawmakers on the morning of Jan. 6.For instance, Mr. Trump mistakenly called the phone of Senator Mike Lee, Republican of Utah, thinking it was the number of Senator Tommy Tuberville, Republican of Alabama. Mr. Lee then passed the phone to Mr. Tuberville, who said he had spoken to Mr. Trump for less than 10 minutes as rioters were breaking into the building.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Trump’s tweet. More

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    Ruling Declaring Trump ‘Likely’ Broke Laws May Not Mean He’ll Be Prosecuted

    A high-profile ruling about a subpoena from the House committee investigating the Jan. 6 attack turned on a lower standard of proof than a criminal trial.WASHINGTON — A federal judge’s conclusion this week that former President Donald J. Trump likely committed felonies related to his efforts to overturn the results of the 2020 election intensified scrutiny on the question of whether the Justice Department can, should or will try to charge him with the same crimes.But the fact that a judge reached that conclusion does not necessarily mean that a prosecution would arrive at the same outcome. Here is an explanation.What is the case?It is a dispute over a subpoena issued by the House committee that is investigating the Jan. 6, 2021, attack on the Capitol by Trump supporters who were seeking to stop Congress and the vice president at the time, Mike Pence, from certifying Joseph R. Biden Jr.’s Electoral College victory.The subpoena instructs Chapman University to turn over emails from a former professor, John Eastman, who supplied legal arguments to Mr. Trump supporting his attempts to overturn the election. Mr. Eastman filed a lawsuit to block the subpoena, arguing that his messages were covered by attorney-client and attorney work-product privilege.What did the judge say?In his ruling, Judge David O. Carter of the Federal District Court for the Central District of California said the Jan. 6 committee could get certain emails under an exception to attorney-client privilege for communications that sought to further a crime or fraud because it was “more likely than not” that Mr. Trump unlawfully sought to obstruct a government proceeding.What is the theory that Mr. Trump committed crimes?Mr. Trump, in public and in private, pressured Mr. Pence to reject or delay counting the Electoral College votes of states where Mr. Trump baselessly claimed that his loss to Mr. Biden had been fraudulent. The idea is that there was no legitimate basis for Mr. Pence to do so, so Mr. Trump’s pressure on him amounted to an attempt to unlawfully obstruct a government proceeding and defraud the government.The evidence that Mr. Trump pressured Mr. Pence has been well established. The judge issued his ruling interpreting that evidence as likely amounting to a crime at this moment not because of a breakthrough in the investigation that uncovered new, conclusive evidence, but because of the timing of the subpoena lawsuit: The Jan. 6 committee needed to publicly argue that the crime-fraud exception applied so it could obtain Mr. Eastman’s emails, and the judge agreed.Is the ruling a road map for an indictment?Not necessarily, because the context is very different. As Judge Carter noted: “The court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit.”What is a big challenge to prosecuting Mr. Trump?Proving Mr. Trump’s state of mind — specifically, that he had the requisite criminal intent.The obstruction statute, for example, says that for the defendant’s action impeding an official proceeding to be a crime, he had to act “corruptly.” But what that means is not detailed in the statute, and the Supreme Court has not definitively offered an answer, raising risks and complications for prosecutors evaluating a potential case.One possibility, said Laurie L. Levenson, a criminal law professor at Loyola Law School in Los Angeles, is that prosecutors would have to prove that Mr. Trump knew for sure that Mr. Pence had no lawful basis to do what he was asking. Another possibility is that prosecutors would need to prove only that Mr. Trump had at least some reason to believe that his conduct might be unlawful and proceeded anyway, she said.Why is proving Mr. Trump’s mind-set tricky?Because even though senior government officials were telling him there was no factual or legal basis for Mr. Pence to unilaterally reject some states’ electoral votes or otherwise slow down the certification, Mr. Eastman told Mr. Trump that he interpreted the law as giving Mr. Pence legitimate authority to take such a step.Julie O’Sullivan, a Georgetown University criminal law professor, said in any criminal trial, it would ultimately be up to the jury to decide what Mr. Trump truly believed. Unless evidence emerges that he told someone at the time that he knew what he was saying was false, she said, that will be a challenge.“The problem with Trump is defining his state of mind when it is so changeable,” she said. “He believes whatever he wants to think and it doesn’t necessarily have to be grounded in reality. That’s a tough argument to a jury, to say he knew any particular thing.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Trump’s tweet. More

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    New Focus on How a Trump Tweet Incited Far-Right Groups Ahead of Jan. 6

    Federal prosecutors and congressional investigators are documenting how the former president’s “Be there, will be wild!” post became a catalyst for militants before the Capitol assault.Federal prosecutors and congressional investigators have gathered growing evidence of how a tweet by President Donald J. Trump less than three weeks before Jan. 6, 2021, served as a crucial call to action for extremist groups that played a central role in storming the Capitol.Mr. Trump’s Twitter post in the early hours of Dec. 19, 2020, was the first time he publicly urged supporters to come to Washington on the day Congress was scheduled to certify the Electoral College results showing Joseph R. Biden Jr. as the winner of the presidential vote. His message — which concluded with, “Be there, will be wild!” — has long been seen as instrumental in drawing the crowds that attended a pro-Trump rally on the Ellipse on Jan. 6 and then marched to the Capitol.But the Justice Department’s criminal investigation of the riot and the parallel inquiry by the House select committee have increasingly shown how Mr. Trump’s post was a powerful catalyst, particularly for far-right militants who believed he was facing his final chance to reverse defeat and whose role in fomenting the violence has come under intense scrutiny.Extremist groups almost immediately celebrated Mr. Trump’s Twitter message, which they widely interpreted as an invitation to descend on the city in force. Responding to the president’s words, the groups sprang into action, court filings and interviews by the House committee show: Extremists began to set up encrypted communications channels, acquire protective gear and, in one case, prepare heavily armed “quick reaction forces” to be staged outside Washington.They also began to whip up their members with a drumbeat of bellicose language, with their private messaging channels increasingly characterized by what one called an “apocalyptic tone.” Directly after Mr. Trump’s tweet was posted, the Capitol Police began to see a spike in right-wing threats against members of Congress.Prosecutors have included examples in at least five criminal cases of extremists reacting within days — often hours — to Mr. Trump’s post.The mob attacking the Capitol on Jan. 6.Jason Andrew for The New York TimesOne of those who responded to the post was Guy Wesley Reffitt, an oil-field worker from Texas who this month became the first Jan. 6 defendant to be convicted at trial. Within a day of Mr. Trump’s Twitter post, Mr. Reffitt was talking about it on a private group chat with other members of the far-right militia organization the Texas Three Percenters.“Our President will need us. ALL OF US…!!! On January 6th,” Mr. Reffitt wrote. “We the People owe him that debt. He Sacrificed for us and we must pay that debt.”The next day, prosecutors say, Mr. Reffitt began to make arrangements to travel to Washington and arrive in time for “Armageddon all day” on Jan. 6, he wrote in the Three Percenters group chat. He told his compatriots that he planned to drive because flying was impossible with “all the battle rattle” he planned to bring — a reference to his weapons and body armor, prosecutors say.Some in the group appeared to share his anger. On Dec. 22, one member wrote in the chat, “The only way you will be able to do anything in DC is if you get the crowd to drag the traitors out.”Mr. Reffitt responded: “I don’t think anyone going to DC has any other agenda.”The House committee has also sharpened its focus on how the tweet set off a chain reaction that galvanized Mr. Trump’s supporters to begin military-style planning for Jan. 6. As part of the congressional inquiry, investigators are trying to establish whether there was any coordination beyond the post that ties Mr. Trump’s inner circle to the militants and whether the groups plotted together.“That tweet could be viewed as a call to action,” said Representative Pete Aguilar, Democrat of California and a member of the committee. “It’s definitely something we’re asking questions about through our discussions with witnesses. We want to know whether the president’s tweets inflamed and mobilized individuals to take action.”On the day of the post, participants in TheDonald.win, a pro-Trump chat board, began sharing tactics and techniques for attacking the Capitol, the committee noted in a report released on Sunday recommending contempt of Congress charges for Dan Scavino Jr., Mr. Trump’s former deputy chief of staff. In one thread on the chat board related to the tweet, the report pointed out, an anonymous poster wrote that Mr. Trump “can’t exactly openly tell you to revolt. This is the closest he’ll ever get.’’Lawyers for the militants have repeatedly said that the groups were simply acting defensively in preparing for Jan. 6. They had genuine concerns, the lawyers said, that leftist counterprotesters might confront them, as they had at earlier pro-Trump rallies.Mr. Trump’s post came as his efforts to hang onto power were shifting from the courts, where he had little success, to the streets and to challenging the certification process that would play out on Jan. 6.A week before his message, thousands of his supporters had arrived in Washington for the second time in two months for a large-scale rally protesting the election results. The event on Dec. 12, 2020, which Mr. Trump flew over in Marine One, showed his ability to draw huge crowds of ordinary people in support of his baseless assertions that the election had been stolen.But it also brought together at the same time and place extremist and paramilitary groups like the Proud Boys, the Oath Keepers and the 1st Amendment Praetorian, who would be present on Jan. 6.On Dec. 14, the Electoral College met and officially declared Mr. Biden the winner of the election.An event in Washington on Dec. 12, 2020 showed the former president’s ability to draw huge crowds in support of his lies that the election had been stolen.Stefani Reynolds for The New York TimesBut behind closed doors, outside advisers to Mr. Trump were scrambling to pitch him on plans to seize control of voting machines across the country. The debate over doing so came to a head in a contentious Oval Office meeting that lasted well into the evening on Dec. 18, 2020, and ended with the idea being put aside.Hours later, the president pushed send on his tweet.“Big protest in D.C. on January 6th,” he wrote at 1:42 a.m. on Dec. 19. “Be there, will be wild!”Almost at once, shock waves rippled through the right.At 2:26 a.m., the prominent white nationalist Nicholas J. Fuentes wrote on Twitter that he planned to join Mr. Trump in Washington on Jan. 6. By that afternoon, the post had been mentioned or amplified by other right-wing figures like Ali Alexander, a high-profile “Stop the Steal” organizer.But Mr. Trump’s message arguably landed with the greatest impact among members of the same extremist groups that had been in Washington on Dec. 12.On Dec. 15, Stewart Rhodes, the leader and founder of the Oath Keepers, posted an open letter to Mr. Trump urging him to invoke the Insurrection Act. The next day, the national council of the Three Percenters Original group issued a statement, saying their members were “standing by to answer the call from our president.”Once the call came, early on Dec. 19, the extremists were ecstatic.Stewart Rhodes, the leader and founder of the Oath Keepers, declared a few days after Mr. Trump’s tweet that there would be “a massively bloody revolution” if Joseph R. Biden Jr. ever took office.Susan Walsh/Associated Press“Trump said It’s gonna be wild!!!!!!! It’s gonna be wild!!!!!!!,” Kelly Meggs, a Florida leader of the Oath Keepers, wrote on Facebook on Dec. 22. “He wants us to make it WILD that’s what he’s saying. He called us all to the Capitol and wants us to make it wild!!! Sir Yes Sir!!! Gentlemen we are heading to DC.”That same day, Mr. Rhodes did an interview with one of his lieutenants and declared that there would be “a massively bloody revolution” if Mr. Biden took office.On Dec. 23, Mr. Rhodes posted another letter saying that “tens of thousands of patriot Americans” would be in Washington on Jan. 6, and that many would have their “mission-critical gear” stowed outside the city.The letter said members of the group — largely composed of former military and law enforcement personnel — might have to “take arms in defense of our God-given liberty.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Trump’s tweet. More