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      With the Latest Trump Indictment, Mind These Lessons From the South

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      With her sweeping indictment of former President Donald Trump and over a dozen co-conspirators, the Fulton County, Ga., district attorney Fani Willis is now set to prosecute her case in a court of law. Just as important, it is essential that she and others continue to explain to the American public why the decision serves a critical purpose beyond the courts and for the health of our constitutional order.The indictment should be situated in the broader arc of American political development, particularly in the South. That history justifies using the criminal justice system to protect the democratic process in Georgia — a critical swing state — for elections now and in the future.We have the benefit of hindsight to heed the great lesson of the Reconstruction era and the period of redemption that followed: When authoritarians attack democracy and lawbreakers are allowed to walk away from those attacks with impunity, they will try again, believing there are no repercussions.We should not make those mistakes again.The period after the American Civil War entrenched many of America’s political ills. Ex-confederates were welcomed back into the body politic without meaningful penance. There were vanishingly few arrests, trials and lengthy punishments. Suffering minimal political disabilities, they could muster enough power to “redeem” Southern governments from biracial coalitions that had considerable sway to remake the South.Examples of democratic decay were regrettably abundant. An early sign occurred in Louisiana. With a multiracial electorate, Reconstruction Louisiana held great promise. During contentious state elections in 1872, Louisiana Democrats intimidated Black voters from casting ballots and corruptly claimed victory. The disputed election spurred political violence to assert white supremacy, including the Colfax Massacre in 1873, where as many as 150 Black citizens were killed in Grant Parish when a white mob sought to take control of the local government.Federal prosecutors brought charges against a number of the perpetrators. But in 1876, the Supreme Court held in United States v. Cruikshank that the federal government could not prosecute private violence under the 14th Amendment because it could only protect citizens against constitutional rights violations by state actors. By its decision, the court gave license to mobs to disrupt the peaceful transition of power with grave consequences.South Carolina could have been a Reconstruction success story. Its state constitution and government reflected the values and priorities of its Black majority. The planter elite attacked the Reconstruction government as a socialist rabble and baselessly mocked elected officials as incompetent. In the lead-up to elections in 1876, political violence brewed across the state, and Democrats secured a narrow victory. But democratic decay was precipitous. Over time, South Carolina imposed new limits on voting, moving precincts into white neighborhoods and creating a confusing system. Legislators passed the Eight Box Law, which required voters to submit a separate ballot for each elected office in a different box and invalidated any votes submitted in the wrong box. This created a barrier to voting for people who could not read.The lack of repercussions for political violence and voter suppression did little to curb the impulse to crush biracial democracy by mob rule. The backsliding spread like cancer to Mississippi, Virginia and North Carolina.In Georgia, just before the state was initially readmitted to the Union, Georgians elected a Republican to the governorship and a Republican majority to the state senate. Yet the promise of a strong Republican showing was a mirage. Conservative Republicans and Democrats joined forces to expel more than two dozen Black legislators from the Georgia General Assembly in September 1868. From there, tensions only grew. Political violence erupted throughout the state as elections drew closer that fall, most tragically in Camilla, where white supremacists killed about a dozen Black Georgians at a Republican political rally.The democratic failures of that era shared three common attributes. The political process was neither free nor fair, as citizens were prevented from voting and lawful votes were discounted. The Southern Redeemers refused to recognize their opponents as legitimate electoral players. And conservatives abandoned the rule of law, engaging in intimidation and political violence to extinguish the power of multiracial political coalitions.At bottom, the theory behind the Fulton County indictment accuses Mr. Trump and his allies of some of these same offenses.The phone call between Mr. Trump and the Georgia secretary of state Brad Raffensperger (“Fellas, I need 11,000 votes,” Mr. Trump demanded) is crucial evidence backing for a charge relating to soliciting a public officer to violate his oath of office. Mr. Trump’s coercive tactics persisted even though he should have known that Joe Biden fairly won the state’s Electoral College votes. But facts never seemed to matter. Mr. Trump’s false allegation of a rigged contest — a claim he and others made well before voting began — was grounded in a belief that opposition to his re-election was never legitimate.Mr. Trump and his allies could not accept that an emerging multiracial coalition of voters across the state rejected him. Election deniers focused on Atlanta, a city whose Black residents total about half the population, as the place where Georgia’s election was purportedly stolen. The dangerous mix of racial grievance and authoritarian impulses left Trump loyalists feeling justified to concoct the fake electors scheme and imploring the General Assembly to go into a special session to arbitrarily undo the will of Georgians.Political violence and intimidation are some of the most obvious symptoms of democratic decay. The charges in Fulton County are an attempt to use the criminal justice system to repudiate political violence.The sprawling case is stronger because the conspiracy to overturn Georgia’s presidential election results was replete with acts of intimidation by numerous people. Mr. Trump and Rudy Giuliani engaged in a full-scale harassment campaign against Fulton County election workers when they baselessly alleged that two individuals added fake votes to Mr. Biden’s tally. Mr. Trump threatened Mr. Raffensperger and a state employee with “a criminal offense” if they declined to join his corruption, warning them they were taking “a big risk.” A healthy democracy cannot tolerate this behavior.Democracy is not guaranteed, and democratic backsliding is never inevitable. The country avoided the worst, but the past few years have still been profoundly destabilizing for the constitutional order in ways akin to some of the nation’s darker moments.Indeed, the case by Ms. Willis can be seen as an effort to avoid darker moments in the future, especially for a critical swing state like Georgia. We should remember the words in 1871 of Georgia’s first Black congressman, Jefferson Franklin Long, who spoke out when Congress debated relaxing the requirements for restoring certain rights to ex-Confederates without meaningful contrition: “If this House removes the disabilities of disloyal men … I venture to prophesy you will again have trouble from the very same men who gave you trouble before.”His prediction proved all too accurate. It now may be up to the people of Fulton County to stop election denialism’s widening gyre.Anthony Michael Kreis is an assistant professor of law at Georgia State University, where he teaches and studies constitutional law and the history of American politics.Source photographs by Bettmann, Buyenlarge, and Corbis Historical, via Getty.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Key Takeaways from the Trump Indictment in Georgia

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      Former President Donald J. Trump was indicted for a fourth time on Monday, this time over what prosecutors in Atlanta described as his and his allies’ efforts to unlawfully undo his election loss in Georgia in 2020.The indictment follows a lengthy investigation by Fani T. Willis, the Fulton County district attorney, and includes 13 charges against Mr. Trump, as well as charges against 18 other Trump allies who Ms. Willis said were part of a “criminal enterprise” seeking to overturn the Georgia election results.Here’s what to know.Trump was charged under Georgia’s RICO ActProsecutors charged Mr. Trump and his allies under the state’s Racketeer Influenced and Corrupt Organization Act, which allows them to tie together various crimes committed by different people by arguing that they were acting together for a common criminal goal.Georgia’s RICO Act is patterned after a federal law that was passed to combat organized crime groups but in recent years has been used effectively in white-collar crime and political corruption cases.At its heart, the statute requires prosecutors to prove the existence of an “enterprise” and a “pattern of racketeering activity.” Ms. Willis said 19 defendants were part of a criminal enterprise that tried to “accomplish the illegal goal of allowing Donald J. Trump to seize the president’s office.”Mr. Trump and his allies were charged under the state’s Racketeer Influenced and Corrupt Organization Act.Jon Cherry for The New York TimesAmong those charged: Rudy Giuliani and Mark Meadows.The charges outlined in the indictment reach far beyond Mr. Trump to some of his closest allies. They include Mark Meadows, who was Mr. Trump’s former chief of staff, and Rudolph W. Giuliani, the former New York City mayor and lawyer for Mr. Trump.Also charged are several more lawyers who are accused of working to try to overturn the election: Sidney Powell, who once promised to “release the Kraken” in exposing purported election fraud; John C. Eastman, who helped promote the idea of using bogus Trump electors in states where Mr. Trump lost; and Kenneth Chesebro, who also played a central role in that effort.The sprawling nature of the racketeering case is noted in the indictment, with prosecutors citing conduct in Michigan, Arizona and Pennsylvania that they say furthered the defendants’ efforts to keep Mr. Trump in power.Ms. Willis said late on Monday that she plans to try all 19 defendants together.Rudolph W. Giuliani, the former New York mayor and lawyer for Mr. Trump, was charged as well in the indictment.Nicole Craine for The New York TimesThe charges fall into several baskets.The indictment bundles together several efforts by Mr. Trump and his allies to reverse the election results in Georgia. None of the 19 defendants is accused of taking part in all of those different schemes, but under the RICO law, prosecutors have to prove only that each one broke state laws as part of a continuing criminal enterprise with the same overarching goal.Several of the individual counts stem from false claims of election fraud that Mr. Giuliani and two other Trump lawyers, Robert Cheeley and Ray Smith III, made at legislative hearings in December 2020.Another batch of charges concerns a plan Mr. Trump’s supporters carried out to vote for a false slate of pro-Trump electors and send a forged document to Congress claiming those electors were legitimate.A third raft of charges accuses several Trump allies of conspiring to steal voter data and tamper with voting equipment at the elections office in Coffee County, Ga. Some of the defendants were charged only in connection with a bizarre scheme to harass and intimidate an election worker, Ruby Freeman, whom Mr. Trump and his allies had wrongfully accused of fraud.Shaye Moss, center, being comforted by her mother, Ruby Freeman, during a hearing last year. The two women served as election workers in Georgia in 2020 and were wrongfully accused of fraud by Mr. Trump and his allies.Shuran Huang for The New York TimesThe district attorney is giving Trump 10 days to turn himself in.Ms. Willis said on Monday that she was giving Mr. Trump until noon on Aug. 25 to surrender in Fulton County, where he would be arraigned on the charges and enter a plea.When Mr. Trump was indicted in New York, he was able to surrender and avoid some of the standard procedures for most people who are arrested, such as having his mug shot taken and being handcuffed.Patrick Labat, the Fulton County sheriff, said this month that unless he was told otherwise, Mr. Trump would be booked in the same way as any other defendant.Still, the Secret Service could try to change the sheriff’s plans.Mr. Trump has until Aug. 25 to surrender in Fulton County, where he would be arraigned on the charges and enter a plea.Kenny Holston/The New York TimesTrump blasted the indictment and questioned the prosecutor’s motive.Mr. Trump lashed out at Ms. Willis after the indictment, suggesting that she had charged him to further her own political standing and seizing on the fact that an improper copy of the indictment had reportedly been uploaded to a court website even before the grand jurors voted.Earlier in the day, Reuters reported that a document that appeared to be a docket entry for an indictment against Mr. Trump had been posted, and then removed from, the Fulton County court’s website. A spokesman for the court called the document “fictitious,” and the court clerk, Ché Alexander, declined to discuss what had happened in detail.Mr. Trump and his allies said it was a sign that the prosecution saw the grand jury’s vote, which took place later in the day, as a foregone conclusion.Richard Fausset More

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      Why the Fani Willis Prosecution of Donald Trump Is Indispensable

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      When the Fulton County, Ga., district attorney, Fani Willis, filed criminal charges against Donald Trump and over a dozen of his allies for their attempt to overturn Georgia’s 2020 presidential election results, she did something ingenious.In contrast to the special counsel Jack Smith’s latest laser-focused federal indictment of Mr. Trump, Ms. Willis charges a wide range of conspirators, from people in the Oval Office to low-level Georgia G.O.P. functionaries, and is the first to plumb the full depths, through a state-focused bathyscaph, of the conspiracy.Her case also provides other important complements to the federal matter: Unlike Mr. Smith’s case, which will almost certainly not be broadcast because of federal standards, hers will almost certainly be televised, and should Mr. Trump or another Republican win the White House, Ms. Willis’s case cannot be immediately pardoned away. It offers transparency and accountability insurance. As she said in her news conference on Monday night, “The state’s role in this process is essential to the functioning of our democracy.”But the indictment stands out, above all, because Georgia offers uniquely compelling evidence of election interference — and a set of state criminal statutes tailor-made for the sprawling, loosely organized wrongdoing that Mr. Trump and his co-conspirators are accused of engaging in. It is a reminder of the genius of American federalism: When our democracy is threatened, states have an indispensable part to play in protecting it.At 98 pages, Ms. Willis’s indictment is more than twice the size of Mr. Smith’s indictment in his Jan. 6 case and contains 19 defendants to his one. The indictment charges 41 counts (to Mr. Smith’s four) — among them, Georgia election crimes like solicitation of violation of oath by public officer (for Mr. Trump’s infamous demand to Georgia’s secretary of state, Brad Raffensperger, to just “find 11,780 votes”) and state offenses like forgery and conspiracy to commit forgery (for creating fake electoral certificates) and conspiracy to commit computer trespass (for unlawfully accessing election machines in Coffee County to attempt to prove that votes were stolen).The large cast of defendants populates a complete conspiracy chain of command and features the famous (Mr. Trump, his chief of staff Mark Meadows and his lawyer Rudy Giuliani), the infamous (the Trump attorneys John Eastman, Ken Chesebro and Jeffrey Clark) and the otherwise unknown (including Georgia state false electors and local Trump campaign allies without whom the plot would have stalled).Ms. Willis ties them all together by levying one charge against Mr. Trump and each of the 18 other defendants under Georgia’s Racketeer Influenced and Corrupt Organization Act, or RICO, accusing Mr. Trump and his co-conspirators of functioning as a criminal gang.American law has long recognized through the crime of conspiracy that combinations of criminals are more dangerous than lone wolves. RICO is conspiracy on steroids, providing for stiffer penalties and other advantages like bringing multiple loosely connected conspiracies under one umbrella.Georgia has one of the most capacious RICO statutes in the country. The state’s legislature enacted it specifically to “apply to an interrelated pattern of criminal activity” and mandated courts to “liberally construe” it to protect the state and its citizens from harm. Under the law, prosecutors can charge a sprawling criminal enterprise and even include individuals who may not have known “of the others’ existence,” as one court put it.Here, the statute may be triggered by violations of an array of federal crimes as well as over 40 charges specific to Georgia, including forgery, false statements and influencing witnesses.Georgia RICO has become Ms. Willis’s signature. She applied it in cases like the Atlanta teacher cheating scandal, in which educators engaged in a wide-ranging scheme to inflate scores on standardized tests, and the prosecution of the rapper Young Thug, in which he co-founded a street gang that was accused of committing almost 200 criminal acts.In using RICO, Ms. Willis accuses Mr. Trump of functioning like a gang leader overseeing a theft ring, except instead of stealing cash or cars, he and his allies are accused of attempting to purloin the Georgia presidential election results.The overall charge includes four core schemes. The first was to pressure government officials to advance the objective of securing Georgia’s electoral votes for Mr. Trump, even though he lost. For the evidence here, in addition to Mr. Trump’s call to Mr. Raffensperger, Ms. Willis details other efforts by Mr. Trump and his co-defendants — including Mr. Giuliani’s pressuring of state legislators, Mr. Meadows’s pressure on election authorities and the co-conspirators’ lies and intimidation targeting the ballot counters Ruby Freeman and Wandrea Moss, who goes by Shaye. This also includes efforts in Washington that affected Georgia, such as the Department of Justice lawyer Jeffrey Clark’s preparation of an allegedly fraudulent draft letter targeting the state.Two-person audit boards working to recount ballots at the Gwinnett County Board of Registrations and Elections in Lawrenceville, Ga.Damon Winter/The New York TimesThe second scheme was the organization of electors falsely proclaiming that Mr. Trump was the winner in Georgia. Ms. Willis alleges that Mr. Trump personally participated in this effort; for example, he called the Republican National Committee with Mr. Eastman from the White House to organize the fake slates of electors, including in Georgia. And she charges a great deal of other activity in and outside Georgia.The third scheme was the unlawful accessing of voting machines in Coffee County, a rural county southeast of Atlanta. The indictment asserts that, after a White House conversation about getting access to election machines to prove supposed vote theft, Sidney Powell, a lawyer tied to Mr. Trump, along with Trump campaign allies and computer consultants, conspired to gain access to voting equipment in Coffee County.Ms. Willis’s inclusion of that plan spotlights what has been one of the more neglected aspects of the nationwide effort. Mr. Smith does not even mention it in his federal indictment. Yet the Willis indictment alleges that this was part of a plan discussed (in general terms) in the Oval Office.The fourth and final scheme is what has become a trademark allegation against Mr. Trump and his circle: obstruction and cover-up. Ms. Willis alleges that members of the conspiracy filed false documents, made false statements to government investigators and committed perjury during the Fulton County judicial proceedings.In addition to the RICO charges, each of the 19 defendants is charged with at least one other offense. Perhaps most telling among these is the charge against Mr. Trump and six others of felony solicitation of violation of oath by a public officer. This fits Mr. Trump’s demand for those 11,780 votes like a glove.Mr. Trump has already begun to defend himself, trying to get Ms. Willis and her special grand jury disqualified, based on an array of supposed conflicts and other grievances. The Georgia courts have already repeatedly rejected those arguments. He will also probably employ defenses similar to ones he and his legal team have laid out in pending criminal matters elsewhere, seeking removal to federal court and advancing First Amendment and intent defenses that have been picked apart by many legal experts.He and his co-conspirators may attempt to challenge the RICO charges on technical grounds, for example, arguing that the conspiracies are not sufficiently related under the statute. But Ms. Willis powerfully alleges otherwise, in particular emphasizing the unifying objective of Mr. Trump’s wrongfully seizing Georgia’s electoral votes.That all of this is likely to play out on television only deepens the historic nature of the indictment. Georgia law makes generous allowance for court proceedings to be broadcast, with the state rightly considering open courtrooms to be “an indispensable element of an effective and respected judicial system.” Assuming that rules against televising federal trials stand, the Georgia trial would be the only one that the public could watch as it unfolds. We know from the Jan. 6 hearings — as well as, in an earlier era, the Watergate hearings — the power of seeing and hearing these events. And they will remain for viewing in posterity as a lesson in the rule of law.There is one final important advantage of the Georgia case. It is shielded from what may be Mr. Trump’s ultimate hope: the issuance of a pardon should he or another Republican be elected president in 2024 (or a command by a Republican that the Justice Department simply drop the case). A president’s power to pardon federal offenses does not extend to state crimes.And pardons in Georgia are not an unreviewable power vested solely in the chief executive. They are awarded by the State Board of Pardons and Paroles — and are not even available until five years after completion of all sentences.The indictment from Ms. Willis strongly complements the federal case. It adds dimensionality, transparency and additional assurance of accountability for the former president and those who betrayed democracy in Georgia.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Listen to Trump Pressure Georgia Official Over 2020 Election

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      In a 2021 telephone conversation, President Trump pushed Georgia’s Republican secretary of state, Brad Raffensperger, to overturn the state’s election results, citing debunked claims of election fraud. That call is among the central pieces of evidence in the election interference case against the former president. Here are some notable excerpts from a recording of that call, which was obtained by The New York Times.Listen to Excerpts From Trump’s CallThe president pressured Georgia’s secretary of state to overturn the state’s election results.TRUMP: I could tell you by the rally I’m having on Monday night, the place, they already have lines of people standing out front waiting. It’s just not possible to have lost Georgia. It’s not possible. When I heard it was close, I said there’s no way. But they dropped a lot of votes in there late at night, you know that Brad. And that’s what we are working on very, very stringently. But regardless of those votes, with all of it being said, we lost by 11 to — essentially 11,000 votes. And we have many more votes already calculated and certified too.TRUMP: We have, we have, we have won this election in Georgia based on all of this. And there’s, there’s nothing wrong with saying that, Brad. You know, I mean, having the, having a correct — the people of Georgia are angry and these numbers are going to be repeated on Monday night, along with others that we’re going to have by that time, which are much more substantial even. And the people of Georgia are angry, the people of the country are angry. And there’s nothing wrong with saying that, you know, um, that you’ve recalculated.RAFFENSPERGER: Well, Mr. President, the challenge that you have is the data you have is wrong. We, we talked to the congressmen, and they were surprised. But they — I guess, there’s a person named Mr. Brainard that came to these meetings and presented data and he said that there was dead people, I believe it was upward of 5,000. The actual number were two. Two. Two people that were dead that voted. And so, that’s wrong, that was two.______RAFFENSPERGER: Mr. President, the problem you have with social media, they — people can say anything.TRUMP: Oh, this isn’t social media. This is Trump media. It’s not social media. It’s really not, it’s not social media. I don’t care about social media. I couldn’t care less. Social media is Big Tech. Big Tech is on your side, you know. I don’t even know why you have a side, because you should want to have an accurate election. And you’re a Republican.RAFFENSPERGER: We believe that we do have an accurate election.TRUMP: No, no, you don’t. No, no, you don’t. You don’t have, you don’t have. Not even close. You’re off by hundreds of thousands of votes.________TRUMP: But the ballots are corrupt. And you’re going to find that they are — which is totally illegal, it is more illegal for you than it is for them because, you know what they did and you’re not reporting it. That’s a criminal — that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk. But they are shredding ballots, in my opinion, based on what I’ve heard. And they are removing machinery and they’re moving it as fast as they can, both of which are criminal finds. And you can’t let it happen and you are letting it happen. You know, I mean, I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state._______TRUMP: So what are we going to do here, folks? I only need 11,000 votes. Fellas, I need 11,000 votes. Give me a break._______TRUMP: So tell me, Brad, what are we going to do? We won the election and it’s not fair to take it away from us like this. And it’s going to be very costly in many ways. And I think you have to say that you’re going to re-examine it and you can re-examine it, but re-examine it with people that want to find answers, not people that don’t want to find answers._______RAFFENSPERGER: Mr. President, you have people that submit information and we have our people that submit information. And then it comes before the court and the court then has to make a determination. We have to stand by our numbers. We believe our numbers are right. More

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      As Indictment Decision Looms, Here’s What to Know About the Trump Investigation in Georgia

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      A grand jury could decide within days whether former President Trump should be indicted for interfering in the state’s 2020 presidential election.Starting on Monday morning, prosecutors in Fulton County, Ga., are expected to present a grand jury with the findings from their two-and-a-half-year investigation into former President Donald J. Trump and a number of his allies for their multipronged effort to overturn Mr. Trump’s narrow election loss in Georgia in November 2020.The grand jury will likely decide within days whether Mr. Trump should be indicted for interfering in the presidential election in Georgia. The former president has already been indicted in three separate cases this year, a staggering legal burden for a politician who is running for another term.Mr. Trump is far ahead of competitors in the race for the 2024 Republican nomination, and neck-and-neck with President Joseph R. Biden Jr. in a potential rematch, according to a New York Times/Siena College poll conducted in late July.Here is what we know about the investigation in Fulton County, which includes most of Atlanta.Why is Mr. Trump under investigation in Georgia?Fani T. Willis, the Fulton County district attorney, began looking into whether Mr. Trump and his associates violated Georgia law shortly after a recording was released of Mr. Trump talking by phone to Brad Raffensperger, Georgia’s secretary of state, on Jan. 2, 2021. During the call, Mr. Trump insisted that he had won the state of Georgia and made baseless allegations of fraud, even though multiple recounts confirmed that he had lost.Mr. Trump told Mr. Raffensperger that he wanted to “find” 11,780 votes in the state — one more than he needed to win Georgia and its Electoral College votes.Over time, court documents and other public records revealed that Ms. Willis, a Democrat, was also investigating false statements that lawyers for Mr. Trump made in state legislative hearings; a meeting of 16 pro-Trump Republicans who cast bogus Electoral College votes for him; an intimidation campaign against a pair of Fulton County election workers falsely accused of fraud, and a successful effort by Trump allies to copy sensitive software at an elections office in rural Coffee County, Ga.An audio recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee.Alex Wong/Getty ImagesWhat laws may have been broken?In February 2021, Ms. Willis, in a letter to state officials, said the potential laws violated include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”That list may not prove definitive for a number of reasons, including that investigators probably had not settled on the final scope of their inquiry at the time. Outside legal experts have said that the Coffee County data breach could result in charges like computer trespassing and computer invasion of privacy.Ms. Willis signaled repeatedly that she was considering pursuing charges under the state’s racketeering law, which is often used to target members of an “enterprise” that has engaged in a pattern of criminal activity.The federal racketeering law is best known for being used against members of the mafia. But federal and state racketeering laws have been used in a wide array of cases. Prosecutors often use the laws to ensure that leaders of a criminal enterprise, and not just the foot soldiers, are held accountable.Who else is being scrutinized?The Georgia investigation may prove to be the most expansive legal challenge yet to the efforts that Mr. Trump and his advisers and other associates undertook to keep him in power after he lost the 2020 election. Nearly 20 people are known to have been told that they could face charges. They include Rudolph W. Giuliani, the former New York City mayor who, as a Trump lawyer, made numerous false claims about voter fraud at Georgia legislative hearings.They also include David Shafer, the former chair of the state Republican Party. He oversaw the meeting of the bogus electors in December 2020; more than half of the electors have been cooperating with Ms. Willis’s office.A number of lawyers who worked to keep Mr. Trump in power have been under scrutiny in the investigation, including John Eastman, Sidney Powell, Jenna Ellis and Kenneth Chesebro. Last year, Mark Meadows, the former White House chief of staff, was ordered to testify before a special grand jury that aided in the investigation.The Justice Department blocked an effort to seek the testimony of Jeffrey Clark, a former high-ranking lawyer in the department who sought to intervene in Georgia on Mr. Trump’s behalf after the 2020 election.A number of people whose names have been mentioned in connection with the investigation have said that they did nothing illegal, including Mr. Trump, who has described his call to Mr. Raffensperger as “absolutely perfect.”A Trump supporter protested election results at the Georgia State Capitol in downtown Atlanta in the days after the 2020 election.Audra Melton for The New York TimesHow does the Georgia inquiry relate to other investigations of Mr. Trump?Ms. Willis has said that she has not coordinated with Jack Smith, the special counsel in two federal investigations of Mr. Trump that have resulted in indictments. But Ms. Willis’s team has made use of the voluminous documents and testimony about election interference efforts produced by Congress’s Jan. 6 Committee.One of the federal cases is related to the former president’s handling of classified documents; the other to his efforts to reverse his defeat in the 2020 election. Another indictment, in New York State, is related to what prosecutors described as a hush-money scheme to cover up a potential sex scandal and clear his path to the presidency in 2016. Mr. Trump has pleaded not guilty in all three cases.What would come next?If the Fulton County grand jury decides to indict, any defendants will have to make their way to Atlanta to be booked and arraigned. A number of them could face multiple charges, and the potential sentences could be steep: Violating the racketeering law alone can potentially result in a five-to-20-year sentence.There is also the question of when a trial might occur, given Mr. Trump’s legal troubles in several other venues. If the Georgia case results in multiple defendants, pretrial matters like jury selection could take months. More

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      How Trump Tried to Overturn the 2020 Election Results in Georgia

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      The Georgia case offers a vivid reminder of the extraordinary lengths Mr. Trump and his allies went to in the Southern state to reverse the election.When President Donald J. Trump’s eldest son took the stage outside the Georgia Republican Party headquarters two days after the 2020 election, he likened what lay ahead to mortal combat.“Americans need to know this is not a banana republic!” Donald Trump Jr. shouted, claiming that Georgia and other swing states had been overrun by wild electoral shenanigans. He described tens of thousands of ballots that had “magically” shown up around the country, all marked for Joseph R. Biden Jr., and others dumped by Democratic officials into “one big box” so their authenticity could not be verified.Mr. Trump told his father’s supporters at the news conference — who broke into chants of “Stop the steal!” and “Fraud! Fraud!” — that “the number one thing that Donald Trump can do in this election is fight each and every one of these battles, to the death!”Over the two months that followed, a vast effort unfolded on behalf of the lame-duck president to overturn the election results in swing states across the country. But perhaps nowhere were there as many attempts to intervene as in Georgia, where Fani T. Willis, the district attorney of Fulton County, is now poised to bring an indictment for a series of brazen moves made on behalf of Mr. Trump in the state after his loss and for lies that the president and his allies circulated about the election there.Mr. Trump has already been indicted three times this year, most recently in a federal case brought by the special prosecutor Jack Smith that is also related to election interference. But the Georgia case may prove the most expansive legal challenge to Mr. Trump’s attempts to cling to power, with nearly 20 people informed that they could face charges.It could also prove the most enduring: While Mr. Trump could try to pardon himself from a federal conviction if he were re-elected, presidents cannot pardon state crimes.Perhaps above all, the Georgia case assembled by Ms. Willis offers a vivid reminder of the extraordinary lengths taken by Mr. Trump and his allies to exert pressure on local officials to overturn the election — an up-close portrait of American democracy tested to its limits.There was the infamous call that the former president made to Brad Raffensperger, Georgia’s Republican secretary of state, during which Mr. Trump said he wanted to “find” nearly 12,000 votes, or enough to overturn his narrow loss there. Mr. Trump and his allies harassed and defamed rank-and-file election workers with false accusations of ballot stuffing, leading to so many vicious threats against one of them that she was forced into hiding.They deployed fake local electors to certify that Mr. Trump had won the election. Within even the Justice Department, an obscure government lawyer secretly plotted with the president to help him overturn the state’s results.And on the same day that Mr. Biden’s victory was certified by Congress, Trump allies infiltrated a rural Georgia county’s election office, copying sensitive software used in voting machines throughout the state in their fruitless hunt for ballot fraud.The Georgia investigation has encompassed an array of high-profile allies, from the lawyers Rudolph W. Giuliani, Kenneth Chesebro and John Eastman, to Mark Meadows, the White House chief of staff at the time of the election. But it has also scrutinized lesser-known players like a Georgia bail bondsman and a publicist who once worked for Kanye West.As soon as Monday, there could be charges from a Fulton County grand jury after Ms. Willis presents her case to them. The number of people indicted could be large: A separate special grand jury that investigated the matter in an advisory capacity last year recommended more than a dozen people for indictment, and the forewoman of the grand jury has strongly hinted that the former president was among them.If an indictment lands and the case goes to trial, a regular jury and the American public will hear a story that centers on nine critical weeks from Election Day through early January in which a host of people all tried to push one lie: that Mr. Trump had secured victory in Georgia. The question before the jurors would be whether some of those accused went so far that they broke the law.A recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee last October. Alex Wong/Getty ImagesUnleashing ‘Hate and Fury’It did not take long for the gloves to come off.During the Nov. 5 visit by Donald Trump Jr., the Georgia Republican Party was already fracturing. Some officials believed they should focus on defending the seats of the state’s two Republican senators, Kelly Loeffler and David Perdue, who were weeks away from runoff elections, rather than fighting a losing presidential candidate’s battles.But according to testimony before the Jan. 6 committee by one of the Trump campaign’s local staffers, Mr. Trump’s son was threatening to “tank” those Senate races if there was not total support for his father’s effort. (A spokesman for Donald Trump Jr. disputed that characterization, noting that the former president’s son later appeared in ads for the Senate candidates.) Four days later, the two senators called for Mr. Raffensperger’s resignation. The Raffensperger family was soon barraged with threats, leading his wife, Tricia, to confront Ms. Loeffler in a text message: “Never did I think you were the kind of person to unleash such hate and fury.”Four other battleground states had also flipped to Mr. Biden, but losing Georgia, the only Deep South state among them, seemed particularly untenable for Mr. Trump. His margin of defeat there was one of the smallest in the nation. Republicans controlled the state, and as he would note repeatedly in the aftermath, his campaign rallies in Georgia had drawn big, boisterous crowds.By the end of November, Mr. Trump’s Twitter feed had become a font of misinformation. “Everybody knows it was Rigged” he wrote in a tweet on Nov. 29. And on Dec. 1: “Do something @BrianKempGA,” he wrote, referring to Gov. Brian Kemp of Georgia, a Republican. “You allowed your state to be scammed.”But these efforts were not gaining traction. Mr. Raffensperger and Mr. Kemp were not bending. And on Dec. 1, Mr. Trump’s attorney general, William P. Barr, announced that the Department of Justice had found no evidence of voting fraud “on a scale that could have effected a different outcome in the election.”A Show for LawmakersIt was time to turn up the volume.Mr. Giuliani was on the road, traveling to Phoenix and Lansing, Mich., to meet with lawmakers to convince them of fraud in their states, both lost by Mr. Trump. Now, he was in Atlanta.Even though Mr. Trump’s loss in Georgia had been upheld by a state audit, Mr. Giuliani made fantastical claims at a hearing in front of the State Senate, the first of three legislative hearings in December 2020.Rudolph Giuliani at a legislative hearing at the Georgia State Capitol in Atlanta in December 2020.Rebecca Wright/Atlanta Journal-Constitution, via Associated PressHe repeatedly asserted that machines made by Dominion Voting Systems had flipped votes from Mr. Trump to Mr. Biden and changed the election outcome — false claims that became part of Dominion defamation suits against Fox News, Mr. Giuliani and a number of others.Mr. Giuliani, then Mr. Trump’s personal lawyer, also played a video that he said showed election workers pulling suitcases of suspicious ballots from under a table to be secretly counted after Republican poll watchers had left for the night.He accused two workers, a Black mother and daughter named Ruby Freeman and Wandrea Moss, of passing a suspicious USB drive between them “like vials of heroin or cocaine.” Investigators later determined that they were passing a mint; Mr. Giuliani recently admitted in a civil suit that he had made false statements about the two women.Other Trump allies also made false claims at the hearing with no evidence to back them up, including that thousands of convicted felons, dead people and others unqualified to vote in Georgia had done so.John Eastman, a lawyer advising the Trump campaign, claimed that “the number of underage individuals who were allowed to register” in the state “amounts allegedly up to approximately 66,000 people.”That was not remotely true. During an interview last year, Mr. Eastman said that he had relied on a consultant who had made an error, and there were in fact about 2,000 voters who “were only 16 when they registered.”But a review of the data he was using found that Mr. Eastman was referring to the total number of Georgians since the 1920s who were recorded as having registered before they were allowed. Even that number was heavily inflated due to data-entry errors common in large government databases.The truth: Only about a dozen Georgia residents were recorded as being 16 when they registered to vote in 2020, and those appeared to be another data-entry glitch.Trump supporters protesting election results at State Farm Arena in Atlanta in the days following the 2020 election.Audra Melton for The New York TimesThe President CallingIn the meantime, Mr. Trump was working the phones, trying to directly persuade Georgia Republican leaders to reject Mr. Biden’s win.He called Governor Kemp on Dec. 5, a day after the Trump campaign filed a lawsuit seeking to have the state’s election results overturned. Mr. Trump pressured Mr. Kemp to compel lawmakers to come back into session and brush aside the will of the state’s voters.Mr. Kemp, who during his campaign for governor had toted a rifle and threatened to “round up illegals” in an ad that seemed an homage to Mr. Trump, rebuffed the idea.Two days later, Mr. Trump called David Ralston, the speaker of the Georgia House, with a similar pitch. But Mr. Ralston, who died last year, “basically cut the president off,” a member of the special grand jury in Atlanta who heard his testimony later told The Atlanta Journal Constitution. “He just basically took the wind out of the sails.”By Dec. 7, Georgia had completed its third vote count, yet again affirming Mr. Biden’s victory. But Trump allies in the legislature were hatching a new plan to defy the election laws that have long been pillars of American democracy: They wanted to call a special session and pick new electors who would cast votes for Mr. Trump.Never mind that Georgia lawmakers had already approved representatives to the Electoral College reflecting Biden’s win in the state, part of the constitutionally prescribed process for formalizing the election of a new president. The Trump allies hoped that the fake electors and the votes they cast would be used to pressure Vice President Mike Pence not to certify the election results on Jan. 6.Mr. Kemp issued a statement warning them off: “Doing this in order to select a separate slate of presidential electors is not an option that is allowed under state or federal law.”The Fake Electors MeetRather than back down, Mr. Trump was deeply involved in the emerging plan to enlist slates of bogus electors.Mr. Trump called Ronna McDaniel, the head of the Republican National Committee, to enlist her help, according to Ms. McDaniel’s House testimony. By Dec. 13, as the Supreme Court of Georgia rejected an election challenge from the Trump campaign, Robert Sinners, the Trump campaign’s local director of Election Day operations, emailed the 16 fake electors, directing them to quietly meet in the capitol building in Atlanta the next day.Mr. Trump’s top campaign lawyers were so troubled by the plan that they refused to take part. Still, the president tried to keep up the pressure using his Twitter account. “What a fool Governor @BrianKempGA of Georgia is,” he wrote in a post just after midnight on Dec. 14, adding, “Demand this clown call a Special Session.”Ronna McDaniel, chair of the Republican National Committee, at a news conference following the election in 2020.Al Drago for The New York TimesLater that day, the bogus electors met at the Statehouse. They signed documents that claimed they were Georgia’s “duly elected and qualified electors,” even though they were not.In the end, their effort was rebuffed by Mr. Pence.In his testimony to House investigators, Mr. Sinners later reflected on what took place: “I felt ashamed,” he said.Moves in the White HouseWith other efforts failing, the White House chief of staff, Mark Meadows, got personally involved. Just before Christmas, he traveled to suburban Cobb County, Ga., during its audit of signatures on mail-in absentee ballots, which had been requested by Mr. Kemp.Mr. Meadows tried to get into the room where state investigators were verifying the signatures. He was turned away. But he did meet with Jordan Fuchs, Georgia’s deputy secretary of state, to discuss the audit process.During the visit, Mr. Meadows put Mr. Trump on the phone with the lead investigator for the secretary of state’s office, Frances Watson. “I won Georgia by a lot, and the people know it,” Mr. Trump told her. “Something bad happened.”Byung J. Pak, the U.S. attorney in Atlanta at the time, believed that Mr. Meadows’s visit was “highly unusual,” adding in his House testimony, “I don’t recall that ever happening in the history of the U.S.”In Washington, meanwhile, a strange plot was emerging within the Justice Department to help Mr. Trump.Mr. Barr, one of the most senior administration officials to dismiss the claims of fraud, had stepped down as attorney general, and jockeying for power began. Jeffrey Clark, an unassuming lawyer who had been running the Justice Department’s environmental division, attempted to go around the department’s leadership by meeting with Mr. Trump and pitching a plan to help keep him in office.Mr. Trump, his daughter Ivanka Trump and Mark Meadows, his chief of staff, leaving the White House en route to Georgia in January 2021.Pool photo by Erin ScottMr. Clark drafted a letter to lawmakers in Georgia, dated Dec. 28, falsely claiming that the Justice Department had “identified significant concerns” regarding the state’s election results. He urged the lawmakers to convene a special session — a dramatic intervention.Richard Donoghue, who was serving as acting deputy attorney general, later testified that he was so alarmed when he saw the draft letter that he had to read it “twice to make sure I really understood what he was proposing, because it was so extreme.”The letter was never sent.One Last CallStill, Mr. Trump refused to give up. It was time to reach the man who was in charge of election oversight: Mr. Raffensperger, Georgia’s secretary of state.On Jan. 2, he called Mr. Raffensperger and asked him to recalculate the vote. It was the call that he would later repeatedly defend as “perfect,” an hourlong mostly one-sided conversation during which Mr. Raffensperger politely but firmly rejected his entreaties.“You know what they did and you’re not reporting it,” the president warned, adding, “you know, that’s a criminal — that’s a criminal offense. And you know, you can’t let that happen. That’s a big risk to you.”Mr. Raffensperger was staggered. He later wrote that “for the office of the secretary of state to ‘recalculate’ would mean we would somehow have to fudge the numbers. The president was asking me to do something that I knew was wrong, and I was not going to do that.”Mr. Trump seemed particularly intent on incriminating the Black women working for the county elections office, telling Mr. Raffensperger that Ruby Freeman — whom he mentioned 18 times during the call — was “a professional vote-scammer and hustler.”“She’s one of the hot items on the internet, Brad,” Mr. Trump said of the viral misinformation circulating about Ms. Freeman, which had already been debunked by Mr. Raffensperger’s aides and federal investigators.Trump-fueled conspiracy theories about Ms. Freeman and her daughter, Ms. Moss, were indeed proliferating. In testimony to the Jan. 6 committee last year, Ms. Moss recounted Trump supporters forcing their way into her grandmother’s home, claiming they were there to make a citizen’s arrest of her granddaughter; Ms. Freeman said that she no longer went to the grocery store.Then, on Jan. 4, Ms. Freeman received an unusual overture.Trevian Kutti, a Trump supporter from Chicago who had once worked as a publicist for Kanye West, persuaded Ms. Freeman to meet her at a police station outside Atlanta. Ms. Freeman later said that Ms. Kutti — who told her that “crisis is my thing,” according to a video of the encounter — had tried to pressure her into saying she had committed voter fraud.“There is nowhere I feel safe. Nowhere,” Ms. Freeman said in her testimony, adding, “Do you know how it feels to have the president of the United States target you?”Cathy Latham, center, in a light blue shirt, in the elections office in Coffee County, Ga., while a team working on Mr. Trump’s behalf made copies of voting equipment data in January 2021.Coffee County, Georgia, via Associated Press‘Every Freaking Ballot’On Jan. 7, despite the fake electors and the rest of the pressure campaign, Mr. Pence certified the election results for Mr. Biden. The bloody, chaotic attack on the Capitol the day before did not stop the final certification of Biden’s victory, but in Georgia, the machinations continued.In a quiet, rural county in the southeastern part of the state, Trump allies gave their mission one more extraordinary try.A few hours after the certification, a small group working on Mr. Trump’s behalf traveled to Coffee County, about 200 miles from Atlanta. A lawyer advising Mr. Trump had hired a company called SullivanStrickler to scour voting systems in Georgia and other states for evidence of fraud or miscounts; some of its employees joined several Trump allies on the expedition.“We scanned every freaking ballot,” Scott Hall, an Atlanta-area Trump supporter and bail bondsman who traveled to Coffee County with employees of the company on Jan. 7, recalled in a recorded phone conversation. Mr. Hall said that with the blessing of the Coffee County elections board, the team had “scanned all the equipment” and “imaged all the hard drives” that had been used on Election Day.A law firm hired by SullivanStrickler would later release a statement saying of the company, “Knowing everything they know now, they would not take on any further work of this kind.”Others would have their regrets, too. While Mr. Trump still pushes his conspiracy theories, some of those who worked for him now reject the claims of rigged voting machines and mysterious ballot-stuffed suitcases. As Mr. Sinners, the Trump campaign official, put it in his testimony to the Jan. 6 committee last summer, “It was just complete hot garbage.”By then, Ms. Willis’s investigation was well underway.“An investigation is like an onion,” she said in an interview soon after her inquiry began. “You never know. You pull something back, and then you find something else.” More

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      How Jack Smith Structured the Trump Election Indictment to Reduce Risks

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      The special counsel layered varied charges atop the same facts, while sidestepping a free-speech question by not charging incitement.In accusing former President Donald J. Trump of conspiring to subvert American democracy, the special counsel, Jack Smith, charged the same story three different ways. The charges are novel applications of criminal laws to unprecedented circumstances, heightening legal risks, but Mr. Smith’s tactic gives him multiple paths in obtaining and upholding a guilty verdict.“Especially in a case like this, you want to have multiple charges that are applicable or provable with the same evidence, so that if on appeal you lose one, you still have the conviction,” said Julie O’Sullivan, a Georgetown University law professor and former federal prosecutor.That structure in the indictment is only one of several strategic choices by Mr. Smith — including what facts and potential charges he chose to include or omit — that may foreshadow and shape how an eventual trial of Mr. Trump will play out.The four charges rely on three criminal statutes: a count of conspiring to defraud the government, another of conspiring to disenfranchise voters, and two counts related to corruptly obstructing a congressional proceeding. Applying each to Mr. Trump’s actions raises various complexities, according to a range of criminal law experts.At the same time, the indictment hints at how Mr. Smith is trying to sidestep legal pitfalls and potential defenses. He began with an unusual preamble that reads like an opening statement at trial, acknowledging that Mr. Trump had a right to challenge the election results in court and even to lie about them, but drawing a distinction with the defendant’s pursuit of “unlawful means of discounting legitimate votes and subverting the election results.”While the indictment is sprawling in laying out a case against Mr. Trump, it brings a selective lens on the multifaceted efforts by the former president and his associates to overturn the 2020 election.“The strength of the indictment is that it is very narrowly written,” said Ronald S. Sullivan Jr., a Harvard Law School professor and former public defender. “The government is not attempting to prove too much, but rather it went for low-hanging fruit.”For one, Mr. Smith said little about the violent events of Jan. 6, leaving out vast amounts of evidence in the report by a House committee that separately investigated the matter. He focused more on a brazen plan to recruit false slates of electors from swing states and a pressure campaign on Vice President Mike Pence to block the congressional certification of Joseph R. Biden Jr.’s victory.That choice dovetails with Mr. Smith’s decision not to charge Mr. Trump with inciting an insurrection or seditious conspiracy — potential charges the House committee recommended. By eschewing them, he avoided having the case focus on the inflammatory but occasionally ambiguous remarks Mr. Trump made to his supporters as they morphed into a mob, avoiding tough First Amendment objections that defense lawyers could raise.For another, while Mr. Smith described six of Mr. Trump’s associates as co-conspirators, none were charged. It remains unclear whether some of them will eventually be indicted if they do not cooperate, or whether he intends to target only Mr. Trump so the case will move faster.Mr. Smith chose to say very little about the violent events of Jan. 6 and instead focused on the scheme to recruit slates of fake electors and the pressure Mr. Trump brought upon Vice President Pence.Jason Andrew for The New York TimesAmong the charges Mr. Smith did bring against Mr. Trump, corrupt obstruction of an official proceeding is the most familiar in how it applies to the aftermath of the 2020 election. Already, hundreds of ordinary Jan. 6 rioters have been charged with it.To date, most judges in Jan. 6 cases, at the district court and appeals court level, have upheld the use of the statute. But a few Trump-appointed judges have favored a more narrow interpretation, like limiting the law to situations in which people destroyed evidence or sought a benefit more concrete than having their preferred candidate win an election.Mr. Trump, of course, would have personally benefited from staying in office, making that charge stronger against him than against the rioters. Still, a possible risk is if the Supreme Court soon takes up one of the rioter cases and then narrows the scope of the law in a way that would affect the case against Mr. Trump.Proving IntentSome commentators have argued in recent days that prosecutors must persuade the jury that Mr. Trump knew his voter fraud claims were false to prove corrupt intent. But that is oversimplified, several experts said.To be sure, experts broadly agree that Mr. Smith will have an easier time winning a conviction if jurors are persuaded that Mr. Trump knew he was lying about everything. To that end, the indictment details how he “was notified repeatedly that his claims were untrue” and “deliberately disregarded the truth.”“What you see in Trump — a guy who seems to inhabit his own fictional universe — is something you see in other fraud defendants,” said David Alan Sklansky, a Stanford University law professor. “It’s a common challenge in a fraud case to prove that at some level the defendant knew what he was telling people wasn’t true. The way you prove it is, in part, by showing that lots of people made clear to the defendant that what he was saying was baseless.”Moreover, the indictment emphasizes several episodes in which Mr. Trump had firsthand knowledge that his statements were false. Prosecutors can use those instances of demonstrably knowing lies to urge jurors to infer that Mr. Trump knew he was lying about everything else, too.The indictment, for example, recounts a taped call on Jan. 2 with Georgia’s secretary of state, Brad Raffensperger, in which Mr. Trump shared a series of conspiracy theories that he systematically debunked in detail. But on Twitter the next day, Mr. Trump “falsely claimed that the Georgia secretary of state had not addressed” the allegations.And on Jan. 5, Mr. Pence told Mr. Trump that he had no lawful authority to alter or delay the counting of Mr. Biden’s electoral votes, but “hours later” Mr. Trump issued a statement through his campaign saying the opposite: “The vice president and I are in total agreement that the vice president has the power to act.”Vice President Pence appears during House committee hearings investigating Jan. 6. The indictment suggests Mr. Trump knew he was lying about what Mr. Pence had told him on January 5.Doug Mills/The New York TimesIn any case, several rioters have already argued that they did not have “corrupt intent” because they sincerely believed the election had been stolen. That has not worked: Judges have said that corrupt intent can be shown by engaging in other unlawful actions like trespassing, assaulting the police and destroying property.“Belief that your actions are serving a greater good does not negate consciousness of wrongdoing,” Judge Royce C. Lamberth wrote last month.Mr. Trump, of course, did not rampage through the Capitol. But the indictment accuses him of committing other crimes — the fraud and voter disenfranchisement conspiracies — based on wrongful conduct. It cites Mr. Trump’s bid to use fake electors in violation of the Electoral Count Act and his solicitation of fraud at the Justice Department and in Georgia, where he pressured Mr. Raffensperger to help him “find” 11,780 votes, enough to overcome Mr. Biden’s margin of victory.“Whether he thinks he won or lost is relevant but not determinative,” said Paul Rosenzweig, a former prosecutor who worked on the independent counsel investigation into President Bill Clinton. “Trump could try to achieve vindicating his beliefs legally. The conspiracy is tied to the illegal means. So he has to say that he thought ‘finding’ 11,000 votes was legal, or that fake electors were legal. That is much harder to say with a straight face.”Proving Mr. Trump’s intent will also be key to the charges of defrauding the government and disenfranchising voters. But it may be easier because those laws do not have the heightened standard of “corrupt” intent as the obstruction statute does.Court rulings interpreting the statute that criminalizes defrauding the United States, for example, have established that evidence of deception or dishonesty is sufficient. In a 1924 Supreme Court ruling, Chief Justice William H. Taft wrote that it covers interference with a government function “by deceit, craft or trickery, or at least by means that are dishonest.” A 1989 appeals courts ruling said the dishonest actions need not be crimes in and of themselves.This factor may help explain the indictment’s emphasis on the fake electors schemes in one state after another, a repetitive narrative that risks dullness: It would be hard to credibly argue that Mr. Trump and his co-conspirators thought the fake slates they submitted were real, and the indictment accuses them of other forms of trickery as well.The opening of the Michigan Electoral College session at the State Capitol in 2020. The indictment emphasizes Mr. Trump’s involvement in fake electors schemes in several swing states.Pool photo by Carlos Osorio“Some fraudulent electors were tricked into participating based on the understanding that their votes would be used only if the defendant succeeded in outcome-determinative lawsuits within their state, which the defendant never did,” it said.A Novel ChargeThe inclusion of the charge involving a conspiracy to disenfranchise voters was a surprising development in Mr. Smith’s emerging strategy. Unlike the other charges, it had not been a major part of the public discussion of the investigation — for example, it was not among the charges recommended by the House Jan. 6 committee.Congress enacted the law after the Civil War to provide a tool for federal prosecutors to go after Southern white people, including Ku Klux Klan members, who used terrorism to prevent formerly enslaved Black people from voting. But in the 20th century, the Supreme Court upheld a broadened use of the law to address election-fraud conspiracies. The idea is that any conspiracy to engineer dishonest election results victimizes all voters in an election.“It was a good move to charge that statute, partly because that is really what this case really is about — depriving the people of the right to choose their president,” said Robert S. Litt, a former federal prosecutor and a top intelligence lawyer in the Obama administration.That statute has mostly been used to address misconduct leading up to and during election, like bribing voters or stuffing ballot boxes, rather than misconduct after an election. Still, in 1933, an appeals court upheld its use in a case involving people who reported false totals from a voter tabulation machine.It has never been used before in a conspiracy to use fake slates of Electoral College voters from multiple states to keep legitimate electors from being counted and thereby subvert the results of a presidential election — a situation that itself was unprecedented.Mr. Trump’s lawyers have signaled they will argue that he had a First Amendment right to say whatever he wanted. Indeed, the indictment acknowledged that it was not illegal in and of itself for Mr. Trump to lie.But in portraying Mr. Trump’s falsehoods as “integral to his criminal plans,” Mr. Smith suggested he would frame those public statements as contributing to unlawful actions and as evidence they were undertaken with bad intentions, not as crimes in and of themselves.Mr. Trump at Reagan National Airport Thursday following his court appearance. Mr. Trump’s legal team has signaled they will argue that he had a First Amendment right to say whatever he wanted.Doug Mills/The New York TimesA related defense Mr. Trump may raise is the issue of “advice of counsel.” If a defendant relied in good faith on a lawyer who incorrectly informed him that doing something would be legal, a jury may decide he lacked criminal intent. But there are limits. Among them, the defendant must have told the lawyer all the relevant facts and the theory must be “reasonable.”The indictment discusses how even though White House lawyers told Mr. Trump that Mr. Pence had no lawful authority to overturn Mr. Biden’s victory, an outside lawyer — John Eastman, described in the indictment as Co-Conspirator 2 and who separately faces disbarment proceedings — advised him that Mr. Pence could.Several legal specialists agreed that Mr. Trump has an advice-of-counsel argument to make. But Samuel W. Buell, a Duke University law professor, said Mr. Smith was likely to try to rebut it by pointing to the repeated instances in which Mr. Trump’s White House legal advisers told him that Mr. Eastman was wrong.“You have to have a genuine good-faith belief that the legal advice is legitimate and valid, not just ‘I’m going to keep running through as many lawyers as I can until one tells me something I want to hear, no matter how crazy and implausible it is,’” Mr. Buell said. More

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      Fact-Checking Trump on CNN’s Town Hall

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      Former President Donald J. Trump misleadingly and wrongly described his own record, the events of Jan. 6, 2021, his handling of classified documents, foreign policy and the economy.Former President Donald J. Trump almost immediately began citing a litany of falsehoods Wednesday night during a town hall-style meeting in New Hampshire broadcast on CNN.After incorrectly characterizing the 2020 presidential election as “rigged,” Mr. Trump repeated a number of other falsehoods that have become staples of his political messaging. He misleadingly and wrongly described his record, the events of Jan. 6, 2021, his handling of classified documents, foreign policy, immigration policy, the economy and a woman whom a jury found he sexually abused.Here’s a fact check of some of his claims.What WAS Said“We got 12 million more votes than we had — as you know — in 2016.”This is misleading. Mr. Trump received 74 million votes in the 2020 presidential election, 12 million more than he received in the 2016 election. But, of course, President Biden received even more votes in 2020: 81 million.Mr. Trump then repeated his lie that the 2020 election was rigged. As the CNN moderator Kaitlan Collins noted, no evidence has surfaced to support his false claims of an army of people voting multiple times, dead people voting and missing ballots.What WAS Said“I offered them 10,000 soldiers. I said it could be 10, it could be more, but I offered them specifically 10,000 soldiers.”This is false. Mr. Trump was referring to the events of Jan. 6, 2021, when his loyalists stormed the Capitol in a bid to stop the certification of Mr. Biden’s election victory. There is no evidence that Mr. Trump ever made a request for 10,000 National Guard troops or that the speaker of the House at the time, Nancy Pelosi, rejected such a demand. The speaker does not control the National Guard.Mr. Trump also claimed that the acting defense secretary at the time, Christopher C. Miller, backed up his account. Vanity Fair reported in 2021 that Mr. Trump had floated the 10,000 figure to Mr. Miller the night of Jan. 5. But in 2022, Mr. Miller told a House committee investigating the events of Jan. 6 that he was “never given any direction or order or knew of any plans of that nature.”There is no record of Mr. Trump making such a request either. The Pentagon’s timeline of events leading up to the riot notes that the Defense Department reviewed a plan to activate 340 members of the District of Columbia’s National Guard, “if asked.” But the timeline makes no mention of a request for 10,000 troops by Mr. Trump. Nor did a Pentagon inspector general report on the breach, which instead referred to suggestions by Mr. Trump that his rally on Jan. 6 had been conducted safely. A Pentagon spokesman also told The Washington Post that it had “no record of such an order being given.”What WAS SaidFormer Vice President Mike Pence “should have put the votes back to the state legislatures, and I think we would have had a different outcome.”This is false. The vice president does not have the power or legal authority to alter the presidential election, as Mr. Pence has repeatedly and correctly noted.A House committee investigating the attack on the Capitol found that John Eastman, a conservative lawyer who was the chief architect of Mr. Trump’s attempts to overturn the 2020 election, had admitted to Mr. Trump two days before Jan. 6 that his plan to have Mr. Pence to halt the vote certification process was illegal.What WAS Said“This woman, I don’t know her. I never met her. I have no idea who she is.”This is false. A Manhattan jury on Tuesday found that Mr. Trump had sexually abused and defamed E. Jean Carroll, a writer. Regardless of whether Mr. Trump remembers meeting Ms. Carroll, there is clear evidence that the two have met: a black-and-white photo of the two along with their spouses at the time.What WAS Said“We created the greatest economy in history. A big part of that economy was I got you the biggest tax cuts in the history of our country, bigger than the Reagan cuts.”This is false. Average growth, even before the coronavirus pandemic battered the economy, was lower under Mr. Trump than under Presidents Bill Clinton and Ronald Reagan.Nor were the tax cuts Mr. Trump signed into law in 2017 the “biggest” ever. According to a report from the Treasury Department, the 1981 Reagan tax cut is the largest as a percentage of the economy (2.9 percent of gross domestic product) and by the reduction in federal revenue (a 13.3 percent decrease). The Obama tax cut in 2012 amounted to the largest cut in inflation-adjusted dollars: $321 billion a year. By comparison, Mr. Trump’s 2017 tax cut was about $150 billion annually and amounted to about 0.9 percent of gross domestic product.Mr. Trump also claimed to have presided over “zero” inflation. Although some months had zero inflation or even price declines as the coronavirus pandemic hit, the Consumer Price Index increased 1.2 percent overall in 2020, the last full year he was in office, and had risen at a 1.4 percent annual rate in January 2021, his last month as president.What WAS Said“If you look at Chicago, Chicago has the single toughest gun policies in the nation. They are so tough you can’t breathe, New York, too, and other places also. All those places are the worst and most dangerous places so that’s not the answer.”This is misleading. Opponents of firearm restrictions frequently cite Chicago as a case study of how tough gun laws do little to prevent homicides. This argument, however, relies on faulty assumptions about the city’s gun laws and gun violence.There were more gun murders in Chicago than in any other city in the United States in 2020, fueling the perception that it is the gun violence capital of the country. But Chicago is also the third-largest city in the country. Adjusted by population, the gun homicide rate was 25.2 per 100,000, the 26th highest in the country in 2020, according to data compiled by the gun-control group Everytown for Gun Safety.The three cities with the highest gun homicide rates — Jackson, Miss., Gary, Ind., and St. Louis — had rates double that of Chicago’s. All are in states with more permissive gun laws than Illinois.Chicago’s reputation for having the strictest gun control measures in the country is outdated. The Supreme Court nullified the city’s handgun ban in 2010. An appeals court also struck down a ban on carrying concealed weapons in Illinois in 2012, and the state began allowing possession of concealed guns in 2013, as part of the court decision.Today, Illinois has tougher restrictions than most states, but it does not lead the pack, ranking No. 7 in Everytown’s assessment of the strength of state gun control laws, and No. 8 in a report card released by the Giffords Law Center, another gun control group. Conversely, the state ranked No. 41 in an assessment on gun rights from the libertarian Cato Institute.Gun control proponents have also argued that the patchwork nature of gun laws in the country makes it difficult for a state like Illinois with tough restrictions on the books to enforce those in practice. A 2017 study commissioned by the City of Chicago found, for example, that 60 percent of guns used in crimes and recovered in Chicago came from out of state, with neighboring Indiana as the primary source.What WAS Said“I built the wall. I built hundreds of miles of wall and I finished it.”This is false. The Trump administration constructed 453 miles of border wall over four years, and a vast majority of the new barriers reinforced or replaced existing structures. Of that, about 47 miles were new primary barriers. The United States’ southwestern border with Mexico is over 1,900 miles, and during his campaign, Mr. Trump had vowed to build a wall across the entire border and make Mexico pay for it. Mexico did not pay for the barriers that had been constructed.What WAS Said“I got with NATO — I got them to put up hundreds of millions of dollars that they weren’t paying under Obama and Bush and all these other presidents.”This is misleading. Under guidelines for the North Atlantic Treaty Organization, members agreed to commit a minimum of 2 percent of G.D.P. on their own defense, but few nations actually do so. They do not “pay” the alliance directly.NATO members agreed that nations currently not meeting the 2 percent goal would do so in the next decade, and that nations meeting it would continue to do so — but they made this pledge in September 2014, years before Mr. Trump became president.“And the reason for this is not Donald Trump — it’s Vladimir Putin, Russia’s actions in Crimea and aggressive stance,” said Ivo H. Daalder, a NATO ambassador under President Barack Obama, previously told The New York Times.What WAS Said“You know who else took them? Obama took them.”This is false. Mr. Trump has repeatedly and wrongly compared his handling of classified documents with that of his predecessor.After his presidency, Mr. Trump took a trove of classified documents — including some marked top secret — to Mar-a-Lago, his Florida estate.In contrast, the National Archives and Records Administration, which preserves and maintains records after a president leaves office, has said in a statement that Mr. Obama turned over his documents, classified and unclassified, as required by law.The agency has also said it is not aware of any missing boxes of presidential records from the Obama administration.Mr. Trump then falsely claimed that Mr. Biden “took more than anybody,” about 1,800 boxes. But that number refers to a collection of documents Mr. Biden had donated to the University of Delaware in 2012 from his tenure as a senator representing the state from 1973 to 2009. Unlike presidential documents, which must be released to the National Archives once a president leaves office, documents from members of Congress are not covered by the Presidential Records Act. It is not uncommon for senators and representatives to give such items to research or historical facilities.The university agreed not to give the public access to Mr. Biden’s documents from his time as senator until two years after he retired from public life. But the F.B.I. did search the collection in February as part of a special counsel investigation and in cooperation with Mr. Biden’s legal team. The Times reported at the time that the material was still being analyzed but did not appear to contain any classified documents.What WAS Said“I didn’t ask him to find anything. If this call was bad — I said you owe me votes because the election was rigged. That election was rigged.”This is false. In a taped January 2021 call, Mr. Trump said the words “find 11,780 votes” as he pressured Secretary of State Brad Raffensperger of Georgia to overturn election results in his state.“All I want to do is this,” he said in the call. “I just want to find 11,780 votes, which is one more than we have because we won the state.”Mr. Trump also accused Mr. Raffensperger of “not reporting” corrupt ballots and ballot shredding (there is no evidence that this happened in Georgia), and told him that “that’s a criminal offense.” More