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    Verificación de la defensa de Trump en el caso de los documentos clasificados

    El expresidente hizo comparaciones inexactas con otros políticos, tergiversó el proceso de clasificación y lanzó ataques con imprecisiones contra funcionarios.Horas después de declararse no culpable ante un tribunal federal en Miami por los cargos relacionados con su manejo de documentos clasificados, el expresidente Donald Trump defendió su conducta el 13 de junio con una serie de falsedades ya conocidas.En su club de golf en Bedminster, Nueva Jersey, Trump hizo comparaciones engañosas con otros personajes políticos, malinterpretó el proceso de clasificación y lanzó ataques con imprecisiones contra funcionarios.Aquí ofrecemos una verificación de datos de los argumentos de Trump sobre la investigación.Lo que dijo Trump“Amenazarme con 400 años en la cárcel por tener en mi poder mis propios documentos presidenciales, que es lo que prácticamente todos los presidentes han hecho, es una de las teorías legales más ofensivas y agresivas presentadas en la historia ante un tribunal estadounidense”.Falso. La Ley de Registros Presidenciales de 1978, que rige la conservación y retención de registros oficiales de los expresidentes, le da a la Administración Nacional de Archivos y Registros (NARA, por su sigla en inglés) total propiedad y control sobre los registros presidenciales. La legislación, que hace una distinción clara entre registros oficiales y documentos personales, se ha aplicado a todos los presidentes desde Ronald Reagan.La agencia señaló que “asumió la custodia física y legal de los registros presidenciales de las gestiones de Barack Obama, George W. Bush, Bill Clinton, George H. W. Bush y Ronald Reagan cuando esos presidentes abandonaron el cargo”.De manera independiente, después de que Trump en repetidas ocasiones y engañosamente comparó su manejo de registros con el de su predecesor inmediato, la Administración Nacional de Archivos indicó en un comunicado que Barack Obama entregó sus documentos, tanto los clasificados como los que no lo estaban, de conformidad con la ley. La agencia también afirmó no estar al tanto de que se haya perdido alguna caja de registros presidenciales del gobierno de Obama.Lo que dijo Trump“El presidente toma la decisión de separar materiales personales de los registros presidenciales durante su mandato, y bajo su entera discreción”.Falso. La Ley de Registros Presidenciales distingue qué constituye material personal (como diarios o documentos de campañas políticas) y qué se clasifica como registros oficiales. No le da al presidente “discrecionalidad” para determinar qué es un registro personal y qué no lo es. Según la ley, el presidente saliente debe separar los documentos personales de los registros oficiales antes de abandonar el cargo.Agentes del FBI realizaron una búsqueda en el inmueble de Mar-a-Lago de Trump en agosto, más de un año después de que el abogado general de la NARA solicitó que se recuperaran materiales y tras meses de reiteradas consultas de funcionarios de la agencia y el Departamento de Justicia.Lo que dijo Trump“Se suponía que debía negociar con la NARA, que es exactamente lo que estaba haciendo hasta la redada en Mar-a-Lago organizada por agentes armados del FBI”.Falso. La Ley de Registros Presidenciales no establece un proceso de negociación entre el presidente y la NARA. La búsqueda realizada en la residencia de Trump en Florida, autorizada por los tribunales, ocurrió después de que se opuso en repetidas ocasiones a responder a las solicitudes del gobierno para que devolviera el material, incluso después de recibir una citación.Lo que dijo Trump“Biden envió 1850 cajas a la Universidad de Delaware, lo que dificultó la búsqueda, independientemente de quién la realizara. Se niega a entregarlas y se niega a permitir siquiera que alguien las vea, y luego dicen que se comporta con gran amabilidad”.Esta afirmación es engañosa. En 2012, Joe Biden le donó a la Universidad de Delaware 1850 cajas de documentos de la época en que fungió como senador del estado desde 1973 hasta 2009. A diferencia de los documentos presidenciales, que deben entregarse a la NARA al término del mandato del presidente, los documentos de los miembros del Congreso no están cubiertos por la Ley de Registros Presidenciales. Es común que los senadores y representantes les donen esos artículos a universidades, institutos de investigación o instalaciones históricas.La Universidad de Delaware convino en no darle acceso al público a los documentos de la época de Biden como senador hasta dos años después de su retiro de la vida pública. Pero el FBI sí revisó la colección en febrero como parte de una investigación independiente sobre el manejo de Biden de los documentos de gobierno y en colaboración con su equipo legal. The New York Times informó, en su momento, que continuaba el análisis del material y que todo parecía indicar que no contenía documentos clasificados.Lo que dijo Trump“Cuando la descubrieron, Hillary borró y ‘lavó con ácido’. Nadie hace eso, por los costos involucrados, pero es muy concluyente. Treinta y tres mil correos electrónicos en desafío a una citación del Congreso que ya se había emitido. La citación estaba ahí y ella decidió borrar, lavar con ácido y luego aplastar y destruir sus teléfonos celulares con un martillo. Y luego dicen que yo participé en una obstrucción”.Este es un argumento engañoso. Existen varias diferencias clave entre el caso de Trump y el uso por parte de Hillary Clinton de un servidor de correo electrónico privado cuando era secretaria de Estado, que Trump también describió de manera imprecisa.Una diferencia crucial es que varias investigaciones oficiales han concluido que Clinton no manejó indebidamente material clasificado de manera sistemática o deliberada, además de que un informe preparado en 2018 por el inspector general respaldó la decisión del FBI de no presentar cargos contra Clinton.En cambio, a Trump se le acusa de haber manejado indebidamente documentos clasificados y obstruir varias acciones del gobierno con el propósito de recuperarlos, así como de hacer declaraciones falsas ante algunos funcionarios. La acusación formal permitió tener acceso la semana pasada a fotografías de documentos guardados, en algunos casos, de manera veleidosa, como cajas apiladas en una regadera y otras en el escenario de un salón de baile frecuentado por visitantes.Según la investigación del FBI sobre el asunto, los abogados de Clinton le proporcionaron al Departamento de Estado en 2014 alrededor de 30.000 correos electrónicos relacionados con el trabajo y le ordenaron a un empleado que borrara todos los correos electrónicos personales de más de 60 días de antigüedad. En 2015, después de que el Times dio la noticia de que Clinton había usado una cuenta personal de correo electrónico, el comité de la Cámara de Representantes liderado por republicanos que estaba a cargo de la investigación de los ataques de 2012 contra puestos de avanzada estadounidenses en Bengasi, Libia, envió una citación en la que solicitaba todos los correos electrónicos de esa cuenta relacionados con Libia.Ese mismo mes, un empleado de la empresa que administraba el servidor de Clinton se percató de que en realidad no había borrado los correos electrónicos personales como se le pidió en 2014. Entonces procedió a aplicar un programa de software gratuito llamado BleachBit —no ácido real ni ningún otro compuesto químico— para borrar alrededor de 30.000 correos electrónicos personales.El FBI encontró miles de correos electrónicos adicionales relacionados con el trabajo que Clinton no le entregó al Departamento de Estado, pero James Comey, quien era director de la agencia en ese momento, declaró que no había “evidencia de que los correos electrónicos adicionales relacionados con el trabajo se hubieran borrado intencionalmente con el fin de ocultarlos”.Lo más seguro es que Clinton esté en desacuerdo con la aseveración de Trump de que el FBI y el Departamento de Justicia la “protegieron”, pues ha dicho que las acciones de Comey, junto con la interferencia rusa, le costaron las elecciones de 2016.Lo que dijo Trump“Por supuesto que exoneró a Mike Pence. Me da gusto. Mike no hizo nada malo, aunque tenía documentos clasificados en su casa. Pero lo exoneraron. Y el caso de Biden es otra cosa”.Esta afirmación es engañosa. Se encontraron documentos clasificados tanto en la casa del exvicepresidente Mike Pence en Indiana, en enero, como en la antigua oficina de Biden en un centro de investigación en Washington en noviembre y en su residencia de Delaware en enero. El Departamento de Justicia decidió no presentar cargos contra Pence; en cuanto a Biden, la investigación sobre su manejo de materiales está en proceso.Pero las diferencias entre esos casos y el de Trump son significativas, en particular en lo que respecta al volumen de documentos encontrados y la respuesta de Biden y de Pence.En la casa de Pence se encontró aproximadamente una decena de documentos marcados como clasificados. El FBI inspeccionó su casa en febrero, con su consentimiento, y encontró un documento clasificado más. No está claro cuántos documentos clasificados tenía en su posesión Biden, pero sus abogados han dicho que se encontró “un pequeño número” en su antigua oficina y alrededor de media docena en su casa de Delaware.En contraste, Trump tenía “cientos” de documentos clasificados, según la acusación formal del Departamento de Justicia, en la que se indica que algunos de los registros contenían información sobre los programas nucleares del país y “posibles vulnerabilidades de Estados Unidos y sus aliados a ataques militares”. En total, el gobierno ha recuperado más de 300 archivos con marcas de clasificado de su casa y su club privado de Florida.Otra diferencia es que representantes de Pence y Biden han dicho que no se percataron de que habían conservado esos documentos y no tardaron en informar a la NARA cuando lo descubrieron. Además, ambos cooperaron con funcionarios del gobierno para devolver los documentos y, al parecer, cumplieron voluntariamente con la realización de búsquedas en sus propiedades.En contraste, Trump se opuso en repetidas ocasiones, durante meses, a las solicitudes de devolver materiales y, según se lee en la acusación formal, desempeñó un papel activo para ocultarles a los investigadores documentos clasificados. La NARA le informó a Trump en mayo de 2021 que faltaban ciertos documentos presidenciales. Algunos agentes recuperaron 15 cajas de Mar-a-Lago en enero de 2022, pero sospechaban que todavía faltaban registros. Siete meses después, agentes del FBI registraron el inmueble de Florida y recuperaron más documentos.Lo que dijo Trump“A diferencia de mí, que contaba con total autoridad de desclasificación en mi carácter de presidente, Joe Biden, quien era vicepresidente, no tenía facultades para desclasificar y tampoco el derecho de tener en su posesión los documentos. No tenía ese derecho”.Esta afirmación es engañosa. Los vicepresidentes sí cuentan con facultades para desclasificar ciertos materiales, aunque el alcance de esas facultades no se ha cuestionado explícitamente ante los tribunales.Trump ha insistido en otras ocasiones en que contaba con facultades para desclasificar materiales sin necesidad de informarle a nadie. Existen procedimientos formales para levantar el secreto oficial de la información, pero el debate legal sobre si los presidentes deben cumplirlos no se ha resuelto, según el Colegio de Abogados de Estados Unidos y el Servicio de Investigación del Congreso, un organismo sin afiliación partidista. Un tribunal federal de apelaciones decidió en 2020 que “levantar el secreto oficial de materiales, incluso si lo hace el presidente, debe someterse a procedimientos establecidos”. No obstante, la Corte Suprema no ha emitido ningún fallo al respecto.De cualquier forma, cabe señalar que Trump siguió estos procedimientos con respecto a algunos documentos; por ejemplo, emitió un memorando el día previo al final de su mandato con el que desclasificó información relativa a la investigación del FBI sobre las relaciones de su campaña de 2016 con Rusia.Por otra parte, expertos legales han señalado que la clasificación de información sobre armas nucleares o “datos restringidos” se rige conforme a un marco legal totalmente distinto, la Ley de Energía Atómica. Esa ley no le otorga facultades explícitas al presidente para tomar la decisión unilateral de desclasificar secretos nucleares y establece un proceso estricto de desclasificación en el que participan varias agencias. No está claro si los documentos guardados en Mar-a-Lago incluían “datos restringidos”.Chris Cameron More

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    House Kills Effort to Censure Adam Schiff, Aided by Some Republicans

    The NewsThe House turned back a Republican effort on Wednesday to formally censure Representative Adam B. Schiff, Democrat of California, for his role in investigating and impeaching former President Donald J. Trump.The vote was 225 to 196 to table, or kill, a resolution by Representative Anna Paulina Luna, a Florida Republican who has allied herself closely with the former president. Twenty Republicans joined Democrats in voting to sideline it, with another two G.O.P. lawmakers voting “present” to avoid registering a position. In a surprise, five Democrats also voted “present.”The measure would have rebuked Mr. Schiff, who as chairman of the House Intelligence Committee investigated whether Mr. Trump colluded with Russia to win the 2016 election and prosecuted Mr. Trump at his first impeachment trial. It called for an ethics investigation into Mr. Schiff and a $16 million fine if he was found to have lied.Representative Adam B. Schiff, Democrat of California, investigated whether former President Donald J. Trump colluded with Russia to win the 2016 election and prosecuted Mr. Trump at his first impeachment trial.Haiyun Jiang/The New York TimesWhy It MattersThe censure resolution, coming a day after Mr. Trump was arraigned in a federal court on 37 criminal counts related to his mishandling of classified documents and efforts to obstruct federal investigators, was the latest bid by Republicans to retaliate against Democrats for their treatment of the former president.But while the measure, which accused Mr. Schiff of willfully lying for political gain, was highly partisan, it raised complicated questions about accountability and revenge. Mr. Schiff’s claims that there was “ample evidence” that Mr. Trump colluded with Russia were undermined by the conclusions of the special counsel Robert S. Mueller III, who wrote in his report that his investigation “did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.” Republicans have wielded that determination to accuse Mr. Schiff of lying.“Ultimately, this is an accountability tool that we can do to each other to ensure that the integrity of the institution is intact,” Ms. Luna said.Still, Mr. Schiff’s statements and allegations were made during an official investigation of Mr. Trump. On Wednesday, Mr. Schiff called the effort to censure him “political payback” and warned that it would set “a dangerous precedent of going after someone who held a corrupt president accountable.”The bipartisan vote to table the measure suggested that at least some Republicans agreed that it was inappropriate.BackgroundMr. Schiff, who is running in a competitive primary for the chance to succeed a fellow California Democrat, Senator Dianne Feinstein, has long been vilified by the G.O.P. Earlier this year, Speaker Kevin McCarthy unilaterally removed him from the Intelligence Committee.Ms. Luna, who first filed a resolution to fine and censure Mr. Schiff, rewrote her measure to say that the House Ethics Committee should impose the $16 million penalty if it determined that Mr. Schiff had “lied, made misrepresentations and abused sensitive information.” The move was geared toward allaying concerns about the resolution among Republicans, but it did not appear to have succeeded.“The Constitution says the House may make its own rules but we can’t violate other (later) provisions of the Constitution,” Representative Thomas Massie, Republican of Kentucky, wrote on Twitter, arguing that the resolution violated amendments governing excessive fines and changes to congressional pay.What’s NextMr. Schiff has been using the censure resolution to raise funds for his Senate campaign, beseeching supporters to chip in money to help him cover a fine that has little chance of being levied.It was unclear whether Ms. Luna’s effort was the start of a trend. This month, Representative Matt Gaetz, Republican of Florida, filed a resolution to censure Representative Bennie Thompson, Democrat of Mississippi, accusing him of improperly sharing records with the Biden administration while running the committee that investigated the Jan. 6 attack on the Capitol, and the events leading up to it. More

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

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

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    GOP Rivals See Trump Indictment Stealing Spotlight

    An all-indictment, all-the-time news diet could swallow the summer, denying attention to other Republican candidates who need it like oxygen.Former President Donald J. Trump faces 37 federal charges that could send him to prison for the remainder of his life, but it’s the rest of the Republican field that’s in the most immediate political trouble.Advisers working for Mr. Trump’s opponents are facing what some consider an infuriating task: trying to persuade Republican primary voters, who are inured to Mr. Trump’s years of controversies and deeply distrustful of the government, that being criminally charged for holding onto classified documents is a bad thing.In previous eras, the indictment of a presidential candidate would have been, at a minimum, a political gift for the other candidates, if not an event that spelled the end of the indicted rival’s run. Competitors would have thrilled at the prospect of the front-runner’s spending months tied up in court, with damaging new details steadily dripping out. And they still could be Mr. Trump’s undoing: If he does not end up convicted before November 2024, his latest arrest is not likely win him converts in the general election.But Mr. Trump’s competitors — counterintuitively, according to the old conventional political wisdom — are actually dreading what threatens to be an endless indictment news cycle that could swallow up the summer. His rivals are desperate to get media coverage for their campaigns, but since the indictment became public last Thursday, as several advisers grumbled, the only way they can get their candidates booked on television is for them to answer questions about Mr. Trump.Mr. Trump is making full use of the trappings of his former office: the big, black sport utility vehicles; the Secret Service agents in dark glasses; the stops at grocery stores and restaurants with entourages, bodyguards and reporters in tow, said Katon Dawson, a former South Carolina Republican Party chairman who works on Nikki Haley’s campaign.“That is powerful stuff when you’re campaigning against it,” Mr. Dawson said.And there’s no end in sight for indictment season. This was the second time Mr. Trump has been indicted in two months, and he may be indicted at least once more this summer, in Georgia, for his efforts to overturn the 2020 election. The Georgia prosecutor leading that investigation signaled the timing when she announced last month that most of her staff would work remotely during the first three weeks of August — right when Republican presidential candidates will be preparing for the first debate of the primary season, on Aug. 23 in Milwaukee.Mr. Trump arrived at Wilkie Ferguson Courthouse in Miami on Tuesday, making full use of the trappings of his former office.Saul Martinez for The New York TimesIn Mr. Trump’s federal case, in South Florida, it is possible that the former president could face trial in the middle of the primary campaign season.One Republican candidate who has gotten some airtime, Vivek Ramaswamy, a wealthy entrepreneur and author, did so by flying to Miami from Ohio and addressing journalists gathered outside the courthouse to record Mr. Trump’s arraignment on Tuesday. He promised to pardon Mr. Trump if he gets elected president. He railed against a “donor class” that he asserted was urging him to spurn Mr. Trump, knocked the news media and demanded that every other G.O.P. candidate sign a pledge to pardon Mr. Trump if elected.“Half the battle is showing up,” Mr. Ramaswamy said in an interview Tuesday night on his way to Iowa. “I am getting my message out, at least the part of it that relates to the events of the day.”Most of Mr. Trump’s other rivals have tied themselves in knots trying to fashion responses to the indictments that would grab media attention without alienating Republican voters who remain supportive of Mr. Trump.Gov. Ron DeSantis of Florida came down on Mr. Trump’s side but with little enthusiasm. He subtly rebuked Mr. Trump’s conduct, raising Hillary Clinton’s mishandling of classified documents as a stand-in for Mr. Trump’s when he said he would have been “court-martialed in a New York minute” had he taken classified documents during his service in the Navy.But Mr. DeSantis has also used the opportunity to give Republican voters what they mostly want: He has defended Mr. Trump and attacked President Biden and his Justice Department, saying they unfairly target Republicans. On Tuesday, Mr. DeSantis began to roll out his plan to overhaul the “weaponized” F.B.I. and Justice Department. And the main pro-DeSantis super PAC released a video attacking the “Biden D.O.J.” for “indicting the former president.”Before the indictment was released, former Vice President Mike Pence said on CNN that he hoped Mr. Trump would not be charged because it would “be terribly divisive to the country.”Then Mr. Pence read the indictment. On Tuesday, he told The Wall Street Journal’s editorial board, “These are very serious allegations. And I can’t defend what is alleged. But the president is entitled to his day in court, he’s entitled to bring a defense, and I want to reserve judgment until he has the opportunity to respond.”Mr. Pence went on to denounce the Biden administration’s Justice Department as politicized — in large part because of its treatment of Mr. Trump — and promised that as president he would clean it up.Senator Tim Scott of South Carolina and Ms. Haley, the former United Nations ambassador, both initially greeted the indictment with condemnation of what they called unequal justice — harsh for Republicans, lenient for Democrats — before tacking on their assessment that the accusations against Mr. Trump were grave and should be taken seriously.Then, on Tuesday, Ms. Haley volunteered that if elected she, too, would consider pardoning Mr. Trump.All of those contortions offer an opening to candidates with simpler messages, either for or against Mr. Trump’s prosecution.“I don’t think they know what they think yet,” said Mr. Ramaswamy of the candidates he called the “finger-in-the-wind class.” Some candidates “tend to serve as mouthpieces for the donors who fund them and the consultants who advise them, and the donors and consultants haven’t figured out their advice yet.”All of this presumably is music to Mr. Trump’s ears: So long as the news media and his rivals are fighting each other and obsessing about him, he must be winning.Former Gov. Chris Christie of New Jersey is so far the only Republican rival of Mr. Trump’s to make full-throated statements condemning the former president for the actions detailed in the indictment.John Tully for The New York TimesThe only Republican presidential candidate so far to speak clearly and forcefully against Mr. Trump over the actions documented in the indictment was former Gov. Chris Christie of New Jersey. He condemned Mr. Trump and showed contempt for Republicans who were directing blame elsewhere.“We’re in a situation where there are people in my own party who are blaming D.O.J.,” Mr. Christie said on Monday night in a CNN town hall meeting. “How about blame him? He did it.”He also implored his fellow competitors to focus on the front-runner, not each other, saying 2024 is playing out as a rerun of 2016 when a large field, which included Mr. Christie, sniped at each other and let Mr. Trump gallop away with the nomination.Tucker Carlson, who was taken off air by Fox News but remains influential with the Republican base, put out a video on Twitter on Tuesday night that captures what Mr. Trump’s rivals are up against. Mr. Carlson sought to portray the federal indictment as proof that Mr. Trump was “the one guy with an actual shot of becoming president” who was feared by the Washington establishment. The clip is an implied rebuke of Mr. DeSantis and comes close to an endorsement of Mr. Trump.It is too soon after the indictment to draw solid conclusions about how Republican voters are processing the news. But the early data bodes well for Mr. Trump and ominously for his opponents. In a CBS News poll released on Sunday, only 7 percent of likely Republican primary voters said the indictment would lower their opinion of Mr. Trump. Twice as many said the indictment would change their view of him “for the better.”An adviser to one of Mr. Trump’s rivals, speaking on the condition of anonymity to be candid, admitted he was depressed at how Republican voters were receiving the news of what he considered to be devastating facts unearthed by the special counsel, Jack Smith.“I think the reality is there’s such enormous distrust of the Department of Justice and the F.B.I. after the Hillary years and the Russiagate investigation that it appears that no other fact set will persuade Republican voters otherwise right now,” the adviser said.Mr. Dawson, who is backing Ms. Haley, said Mr. Trump’s poll numbers were likely to rise in the coming weeks, along with the sentiment that the government cannot be trusted.The other candidates are gambling that they have the luxury of time.Mr. Christie has stepped up to bloody the former president with his attacks, which are unlikely to help Mr. Christie’s standing but may help other Republicans in the race: those who are refraining but “drafting” behind Mr. Christie, as one adviser put it, perhaps wishfully, using a horse-racing term.As more information spills out ahead of the former president’s trial, especially about the specifics of what was contained in the classified documents that Mr. Trump held onto — details of battle plans and nuclear programs — the severity of what crimes the former president is charged with may slowly seep in.That’s the hope, at least, for Mr. Trump’s rivals who languish far behind him in polls.“Let that little pop blow up, then get out of here, let the voters read the term paper, and let it sink in,” Mr. Dawson said. He added, of Mr. Trump: “People are going to start questioning his sanity.” More

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    Every Trump Indictment Tells a Story

    Let’s assume, because it seems like a reasonable assumption, that we have not reached the end of the indictments that will be handed down against Donald Trump. Let’s assume that either the case in Georgia, where he is being investigated for election tampering, or the special counsel’s continuing investigation in Washington, will yield a prosecution related to his conduct between the November 2020 election and the riot on Jan. 6.In that case, Trump’s various indictments would double as a road map to his presidency and his era — each fitting with a different interpretation of the Trump phenomenon, and only together giving the fullest picture of his times.The first indictment, New York’s case against Trump for campaign finance violations related to his alleged affair with the adult thespian Stormy Daniels, fits neatly into the narrative of the Trump era that’s often called “anti-anti-Trump.” This interpretation concedes, to some degree at least, Trump’s sleaziness and folly, but then it invariably insists that his enemies in the American establishment are actually more dangerous — because they’re “protecting democracy” by trampling its norms, embracing conspiracy theories and conducting pointless witch hunts.It’s hard to imagine a better illustration of the anti-anti-Trumpist case than an ideological prosecutor in a Democratic city indicting a former president on a charge considered dubious even by many liberal legal experts. “Norms,” indeed: The Stormy Daniels case looks like Resistance theater, partisan lawfare, exactly the kind of overreach that Trump’s defenders insist defines the entirety of anti-Trumpism.The new federal indictment, for which Trump was arraigned in Miami on Tuesday, moves us into different terrain. This time the case seems legitimate, and even if charges brought under the Espionage Act have a fairly checkered history, on its face the indictment makes a strong case that Trump asked for this, that he invited the prosecution, that he had plenty of opportunities to stay within the law and chose to obstruct, evade and dissemble instead.But at the same time one would need a heart of stone not to find the whole class‌ified-documents affair a little bit comedic: blackly comic, to be sure, in the vein of the Coen Brothers, but for all its serious aspects still essentially absurd. The boxes piled high in the gaudy Mar-a-Lago bathroom is an indelible image for anyone who interprets the Trump era as a vainglorious clown show, with its pileup of scandals driven by narcissism and incompetence, and its serious-minded interpreters worrying about the Authoritarian Menace or the Crisis of Democracy when the evidence before their eyes was usually much shallower and stupider, not the 1930s come again but a reality television mind-set run amok.In the end, though, the reality-television reading was insufficient, because Trump groped his way into genuinely sinister territory — seeking what would have been a constitutional crisis if his postelection wishes had been granted and inspiring mob violence when he didn’t get his way.That aspect of his presidency still awaits its juridical illumination. But we may well get it, and if there is a prosecution related to his postelection conduct, it will complete a presidential triptych — with the persecuted Trump, the farcical Trump and the sinister Trump each making an appearance in our courts.As a matter of electoral politics, Trump’s resilience as a primary candidate depends upon Republican voters interpreting the entire triptych in the light of its first installment — such that his enemies’ overreach is the only thing that his admirers and supporters see, and both his more absurd behaviors and his most destructive acts are assumed to be exaggerated or invented, just so much liberal hype and NeverTrump hysteria.This perspective is false, but it is well entrenched among Republicans and has the advantage of simplicity. Meanwhile, Trump’s rivals for the nomination are stuck playing “on the one hand, on the other hand” games — constantly insisting that Trump has been unfairly treated, because Republican voters believe as much and clearly want to hear it stated, while trying to gently nurture the idea that he brings some of this mistreatment on himself and a different Republican might be just as effective without the constant grist for enemies and prosecutors.In a general election environment, though, we have strong evidence from the recent midterms that many swing voters reverse the Republican interpretation of the triptych, and read the whole of Trumpism in light of its darkest manifestation. Both the liberal overreach they might have opposed and the Trumpian shenanigans they might have tolerated are subsumed by a desire to avoid a repeat of Jan. 6, a revulsion against G.O.P. candidates who seem intent on replaying Trump’s destabilizing behavior.It’s possible to imagine that the multiplication of indictments, the constant action in the courts, eventually helps Republican voters who don’t share this interpretation to recognize how many of their fellow Americans do hold it, making Trump seem too unelectable at last.But Trump has always thrived by persuading a critical mass of Republicans to live inside his reality, not anybody else’s. And inside that gaudy mansion, the walls have room for just one outsize, garish portrait: “The Martyrdom of Donald Trump.”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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    After Trump’s 2nd Indictment, His 2024 Presidential Campaign Trudges On

    On the calendar for the Republicans’ 2024 front-runner: rallies and primaries mixed with court dates.Donald J. Trump went to bed Tuesday night, on the eve of his 77th birthday, as a now twice-indicted former president and current front-runner for the Republican nomination for the White House in 2024.“Some birthday,” Mr. Trump grumbled on Tuesday as he visited Versailles, a popular Cuban coffee shop in Miami. “Some birthday.”He had just been arraigned on federal charges. His co-defendant was working as his valet. And he didn’t eat Cuban — he had McDonald’s. On his plane headed back to New Jersey from Miami, Mr. Trump ate the fast food while holding court with advisers and finishing edits on the speech he would soon deliver and mostly adhere to.The surreal scene that awaited him at his private club in Bedminster, N.J., was a blend somewhere between a summer garden wedding and a political victory party. There was an air of an almost post-arraignment celebration as women arrived in their finery: fuchsia and canary yellow dresses, embroidered Trump wares and heels. Men sported suits and red MAGA hats.Then Mr. Trump arrived. Visibly deflated after pleading not guilty for the second time in three months, his dry and low-energy resuscitation of his legal defense — even inflected with the usual references to Marxists, Communists and fascists — pleased his advisers but drew a relatively muted response from a crowd that had minutes earlier craned their phones for a shot of his motorcade.He had entered to the same track — “God Bless the USA” by Lee Greenwood — that he has used as an entrance theme so many times before. On Tuesday, the chorus landed differently.Proud to be an American, where at least I know I’m free.“I did everything right,” Mr. Trump declared in his 30-minute speech, “and they indicted me.”When he finished, he barely lingered to take in the applause. He gave an obligatory fist pump and mouthed thanks to the crowd. Then he turned and went inside.All told, the day encapsulated the remarkable numbness to the extraordinary that has defined the Trump era. The former president entered federal court as a criminal defendant, and now faces hundreds of years in prison. The Republican front-runner’s early 2024 calendar now includes not only key caucuses and primaries but court dates. His rivals are at times contorting themselves while discussing his alleged crimes; one circulated a petition on Tuesday demanding they all promise to pardon him.During his speech, Mr. Trump pledged to appoint a “real special prosecutor” to go after President Biden and his family.Doug Mills/The New York TimesMr. Trump’s appearance in a Miami courtroom was a humiliating moment for a New York businessman with a 40-year history of engaging in gamesmanship with prosecutors and regulators, viewing most every interaction as a transaction or something he could bluster his way through. By 2017, he had the armor of the presidency protecting him when the first special counsel investigating him, Robert S. Mueller III, began his work. And by 2021, as investigations began into his efforts to thwart the transfer of power, he had come to see another campaign as a shield against prosecutions.But that grandeur — and legal insulation — had vanished on Tuesday. Instead, Mr. Trump’s team tried to create the sense of a man still in power. In Bedminster, he spoke with the white columns of the main house of his New Jersey golf club behind him. The indictment became another backdrop for the ongoing Trump Show.He was comforted by a motley assortment of his most fervent supporters. They included former President Richard Nixon’s son-in-law; a former New York Police Department commissioner whom Mr. Trump pardoned in the final year of his presidency; and a former administration official whom Mr. Trump named as a representative to the National Archives.It was the National Archives that began the winding road that ended with Mr. Trump facing charges alleging that he had defied a subpoena and kept highly classified documents. The agency, which is in charge of preserving presidential records, spent most of 2021 trying to compel Mr. Trump to return boxes of materials that he had taken with him when he left the White House. So did some of his lawyers and advisers. When he finally returned 15 boxes in January 2022, archives officials discovered nearly 200 individual classified documents, and alerted the Justice Department.On Tuesday night in Bedminster, what amounted to a red-carpet MAGA crowd mingled to a carefree playlist of Trump-favored throwbacks: “Macho Man” by the Village People, “Can’t Take My Eyes Off You” by Frankie Valli, “We Will Rock You” by Queen, “Dancing Queen” by ABBA. Dozens of women wore matching red-white-and-blue outfits and chanted “We love Trump!” in unison as Mr. Trump was airborne.The arraignment date happened to coincide with Mr. Trump’s first major fund-raiser, with those who had raised at least $100,000 invited to a “candlelight dinner” after his speech. The Trump campaign will be paying Mr. Trump’s private business in donor dollars for both events, a practice he has done for years.The crowd at the Bedminster event on Tuesday evening, which blended a summer garden wedding with a political victory party.Doug Mills/The New York TimesRobert Jeffress, an evangelical pastor in Dallas and an early supporter who said he would not “abandon” Mr. Trump, got a call from a staffer for the former president on Monday, asking him to attend. He said Mr. Trump’s supporters saw the charges as “political.”“I think they see this as Biden’s way of getting rid of his No. 1” opponent, he said, as music blared behind him.Senator Tommy Tuberville, Republican of Alabama, missed votes in Washington to be there to cheer for Mr. Trump.The gathering in Bedminster and Mr. Trump’s not-quite impromptu cafe stop in Miami were reminiscent of how he handled the gravest political threat he faced in his first 2016 campaign: the infamous “Access Hollywood” tape. Back then, he immersed himself in a crowd of his supporters outside Trump Tower. Now, he did so both at his own property and in a friendly corner of a city where he will soon face trial.“You see where the people are,” Mr. Trump said after he was serenaded with a brief rendition of “Happy Birthday” at the Cuban cafe, called Versailles, where he also stopped to pose for a picture with a mixed martial arts fighter.He seemed determined to project nonchalance as much as defiance. His co-defendant and valet, Walt Nauta, continued to assist him throughout the day, even as the judge cautioned against the two men discussing the case, after traveling to court as part of Mr. Trump’s motorcade staff. Ever image-conscious, Mr. Trump had entered the courthouse in Miami out of the sightlines of cameras, and he avoided a mug shot and handcuffs for the second time.The act of indicting him, Mr. Trump said, “will go down in infamy.” And he pledged to appoint a “real special prosecutor” once he’s president again to go after President Biden and his family.“The seal is broken by what they’ve done,” he added. More

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    Trump Visits Versailles in Miami After Arraignment to Greet Supporters

    Former President Donald J. Trump visited Little Havana in Miami on Tuesday immediately after his arraignment, his latest attempt to cast himself as a man persecuted by his political enemies.It was a not-subtle attempt to seek the sympathies of Latinos, in Florida and beyond.Mr. Trump’s visit to Versailles Restaurant, a landmark that is emblematic of the Cuban diaspora, came as Republicans have increasingly likened his indictment to corruption and political oppression in Latin American countries.Outside the federal courthouse where the arraignment took place in Miami, Alina Habba, a lawyer and spokeswoman for Mr. Trump, suggested that he was no different than political dissidents from Latin America.“The targeting, prosecution, of a leading political opponent is the type of thing you see in dictatorships like Cuba and Venezuela,” she said. “It is commonplace there for rival candidates to be prosecuted, persecuted and put into jail.”The day before his arraignment, Mr. Trump said he believed Hispanics in South Florida were sympathetic to him because they are familiar with governments targeting rivals.“They really see it better than other people do,” he said in an interview with Americano Media, a conservative Spanish-language outlet in South Florida.Mr. Trump has enjoyed relatively strong support in some Latino communities, particularly those in South Florida. Eduardo A. Gamarra, a professor of politics and international relations at Florida International University who is also part of its Cuban Research Institute, said the narrative woven by Mr. Trump and his surrogates, while false, was a shrewd one.“It’s reinforced by local media, by much of what of the Trump campaign and other Republicans are saying: that this administration, the Biden administration, is behaving like the banana republics behave, so that’s resonated very intensely here,” he said. “It’s great politics, but it’s not true.”Mr. Gamarra, who was born in Bolivia, noted that Mr. Trump had also tried to win support from Latino voters by railing against socialism and communism. He lamented the way that Mr. Trump and his allies had repeatedly mentioned Latin America.“It’s a very unfortunate narrative,” he said. “I think it just sort of propagates the stereotypes about Latin America. It’s much more complex than simply the banana republic image.”Mr. Trump’s cameo at the restaurant was the latest for him and a long line of politicians that includes former Presidents Bill Clinton and George W. Bush. In 2016, the restaurant hosted Mr. Trump and Rudolph W. Giuliani together after Mr. Trump’s first debate against Hillary Clinton.Paloma Marcos, a native of Nicaragua who has been a U.S. citizen for 15 years, rushed to Versailles with a Trump hat and a sign that said, “I stand with Trump.”She said many Nicaraguans like her had an affinity for the former president, because he is against communism. She added that people like her, as well as Cuban and Venezuelans, saw how that form of government destroyed their home countries.“He knows we support him. The Latino community has had an awakening,” Ms. Marcos said. “The curtain has been pulled back.”The Rev. Yoelis Sánchez, a pastor at a local church and a native of the Dominican Republic, said she did not hesitate when asked to go to Versailles Restaurant to pray with Mr. Trump. Several religious people, including evangelicals and Catholics, prayed with him while her daughter sang.“We prayed for God to give him strength and for the truth to come out,” she said. “We are really concerned for his welfare.”Ms. Sánchez, who lives in Doral, Fla., which is part of Miami-Dade County and is where Mr. Trump owns a golf resort, was not yet a citizen in 2020. She would not say whether she plans to vote for him in 2024.“I don’t think he came here just because of the Latino vote,” she said. “He came because he wanted to meet with people who have biblical thinking — he’s pro-life and pro-family and Latinos identify with that.”Mr. Trump is facing criminal charges related to mishandling classified documents and then obstructing the government’s attempts to retrieve them. The federal indictment of a former president is unprecedented in the United States, but many Latin American presidents have been prosecuted after leaving office.Brazil’s current president, Luiz Inácio Lula da Silva, served more than a year in prison after he left office the first time. Argentina’s former president Cristina Fernández de Kirchner was sentenced to six years for corruption last year. In Peru, Alejandro Toledo was recently extradited to face a bribery charge. Its former leader, Alberto Fujimori, is serving 25 years in prison.Arnoldo Alemán of Nicaragua is one of the few former presidents who was arrested in a corruption case despite his own party being in power.“This is something you see a lot in Latin America, especially in Peru and now in El Salvador,” said Mario García, a regular at Versailles who was tickled to see Mr. Trump visit the restaurant. “But in those countries, they do it for a good reason: because the presidents get caught robbing money.” Mr. García said he believed the government was targeting Mr. Trump “because they don’t have any other way to get him.”Mr. García said he didn’t think Mr. Trump came to Versailles to court the Latino vote. “The votes here at Versailles are ones he already has,” he said. “He needs support. It’s nice to surround yourself with love when everyone is attacking you.”Maggie Haberman More

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    Fact Check: Trump’s Misleading Defenses in Classified Documents Case

    The former president drew misleading comparisons to others, misconstrued the classification process and leveled inaccurate attacks at officials.Hours after pleading not guilty in a federal court in Miami to charges related to his handling of classified documents, former President Donald J. Trump defended his conduct on Tuesday with a string of familiar falsehoods.Appearing at his golf club in Bedminster, N.J., Mr. Trump drew misleading comparisons to other political figures, misconstrued the classification process and leveled inaccurate attacks at officials.Here’s a fact check of claims Mr. Trump made related to the inquiry.What Mr. Trump Said“Threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done, is one of the most outrageous and vicious legal theories ever put forward in an American court of law.”False. The Presidential Records Act of 1978 governs the preservation and retention of official records of former presidents, and gives the National Archives and Records Administration complete ownership and control of presidential records. The law makes a distinction between official records and personal documents, and has applied to every president since Ronald Reagan.The agency has said that “it assumed physical and legal custody of the presidential records from the administrations of Barack Obama, George W. Bush, Bill Clinton, George H.W. Bush and Ronald Reagan, when those presidents left office.”Separately, after Mr. Trump repeatedly and misleadingly compared his handling of records to that of his immediate predecessor, the National Archives said in a statement that former President Barack 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.What Mr. Trump Said“The decision to segregate personal materials from presidential records is made by the president during the president’s term and in the president’s sole discretion.”False. The Presidential Records Act defines what constitutes personal materials — such as diaries or political campaign documents — from official records. It does not give the president “sole discretion” in determining what is and is not a personal record. Under the law, a departing president is required to separate personal documents from official records before leaving office.F.B.I. agents searched Mr. Trump’s Mar-a-Lago estate in August, more than a year after the general counsel of the National Archives requested the recovery of the materials and after months of repeated inquiries from officials at the agency and at the Justice Department.What Mr. Trump Said“I was supposed to negotiate with NARA, which is exactly what I was doing until Mar-a-Lago was raided by gun-toting F.B.I. agents.”False. The Presidential Records Act does not establish a process of negotiation between the president and the archives. The court-approved search of Mr. Trump’s Florida residence unfolded after he repeatedly resisted the government’s requests that he return the material, even after being subpoenaed.What Mr. Trump Said“Biden sent 1,850 boxes to the University of Delaware, making the search very, very difficult for anybody. And he refuses to give them up and he refuses to let people even look at them, and then they say how he’s behaving so nicely.”This is misleading. Joseph R. Biden Jr. donated 1,850 boxes of documents 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 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 colleges, research institutions or historical facilities.The University of Delaware 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 separate special counsel investigation into Mr. Biden’s handling of government documents and in cooperation with his legal team. The New York Times reported at the time that the material was still being analyzed but did not appear to contain any classified documents.What Mr. Trump Said“When caught, Hillary then deleted and acid-washed. Nobody does that because of the expense, but it’s pretty conclusive. Thirty-three thousand emails in defiance of a congressional subpoena already launched. The subpoena was there and she decided to delete, acid-wash and then smash and destroy her cellphones with a hammer. And then they say I participated in obstruction.”This is misleading. There are several key differences between Mr. Trump’s case and Hillary Clinton’s use of a private email server while she was secretary of state — which Mr. Trump also described inaccurately.Crucially, several official investigations have concluded that Mrs. Clinton did not systematically or deliberately mishandle classified material, and a 2018 inspector general report supported the F.B.I.’s decision not to charge Mrs. Clinton.In contrast, Mr. Trump is accused of mishandling classified documents and obstructing the government’s repeated efforts to recover them and making false statements to officials. The indictment unsealed last week featured photographs of documents stored in sometimes haphazard ways, including boxes stacked in a shower and others piled on the stage of a ballroom that guests frequented.According to the F.B.I.’s inquiry into the matter, Mrs. Clinton’s lawyers provided about 30,000 work-related emails to the State Department in 2014 and instructed an employee to remove all personal emails older than 60 days. In 2015, after The Times reported Mrs. Clinton’s use of a personal email account, a Republican-led House committee investigating the 2012 attacks on American outposts in Benghazi, Libya, sent a subpoena requesting all emails she had in that account related to Libya.That same month, an employee working for the company that managed Mrs. Clinton’s server realized he did not actually delete the personal emails as instructed in 2014. He then used a free software program called BleachBit — not actual acid or chemical compounds — to delete about 30,000 personal emails.The F.B.I. found thousands of additional work-related emails that Mrs. Clinton did not turn over to the State Department, but the director of the bureau at the time, James B. Comey, said it found “no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them.”Mrs. Clinton would almost certainly disagree with Mr. Trump’s assertion that the F.B.I. and the Justice Department “protected” her, and has said that Mr. Comey’s actions as well as Russian interference cost her the 2016 election.What Mr. Trump Said“He totally exonerated Mike Pence. I’m happy about that. Mike did nothing wrong, but he happened to have classified documents in his house. But they exonerated him. And Biden is a different story.”This is misleading. Classified documents were found at former Vice President Mike Pence’s home in Indiana in January and President Biden’s former office at a Washington think tank in November and his Delaware residence in January. The Justice Department declined to pursue charges against Mr. Pence, and the investigation into Mr. Biden’s handling of materials is continuing.But those cases differ in several significant ways from Mr. Trump’s, particularly in the volume of documents found and in Mr. Pence’s and Mr. Biden’s response.About a dozen documents with classified markings were found at Mr. Pence’s home. The F.B.I. searched his home in February with his agreement and found one additional classified document. It is unclear how many classified documents were found in Mr. Biden’s possession, but his lawyers have said “a small number” were discovered at his former office and about a half-dozen at his Delaware home.In contrast, Mr. Trump stored “hundreds” of classified documents, according to the Justice Department’s indictment, which said some records included information about the country’s nuclear programs as well as “potential vulnerabilities of the United States and its allies to military attack.” In total, the government has retrieved more than 300 files with classified markings from his Florida home and private club.Representatives for Mr. Pence and Mr. Biden have said that they inadvertently kept those documents and quickly alerted the National Archives once they were discovered. Both men also cooperated with government officials in turning over the documents and appeared to have voluntarily complied with searches of their properties.In contrast, Mr. Trump repeatedly defied requests to return materials for months and, according to the indictment, played an active role in concealing classified documents from investigators. The archives alerted Mr. Trump in May 2021 that presidential documents were missing. Officials retrieved 15 boxes from Mar-a-Lago in January 2022 but suspected that other records remained missing. Seven months later, F.B.I. agents searched the Florida property and recovered additional documents.What Mr. Trump Said“Unlike me, who had absolute declassification authority as president, Joe Biden as vice president had no authority to declassify and no right to possess the documents. He had no right.”This is misleading. Vice presidents do have the power to declassify certain material, though the scope of their declassification powers has not been explicitly tested in courts.Mr. Trump has previously insisted that he had the power to declassify material without needing to inform anyone. There are formal procedures for declassifying information, but whether presidents must abide by them is an unsettled legal issue, according to the nonpartisan Congressional Research Service and the American Bar Association. A federal appeals court ruled in 2020 that “declassification, even by the president, must follow established procedures.” But the Supreme Court has yet to weigh in on the matter.It is worth noting, though, that Mr. Trump followed these procedures for certain documents, like issuing a memorandum on the day before leaving office declassifying information related to the F.B.I. investigation into his 2016 campaign’s ties to Russia.Separately, legal experts have noted that the classification of information related to nuclear weapons or “restricted data” is governed by a separate legal framework entirely, the Atomic Energy Act. That law does not explicitly give the president the authority to declassify nuclear secrets unilaterally and establishes a strict process for declassification that involves several agencies. It is unclear whether documents stored at Mar-a-Lago included “restricted data.”Chris Cameron More