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    Trump Sues Over Steele Dossier on Russia in London Court

    Former President Donald J. Trump is arguing that the document known as the Steele dossier was calculated to embarrass him and that it breached data protection laws.Donald J. Trump has claimed in a lawsuit in a London court that Christopher Steele, a former British intelligence officer, inflicted “personal and reputational damage and distress” on him by leaking a dossier detailing unsavory, unproven accounts of links between him and Russia during the 2016 presidential campaign.Lawyers for Mr. Trump argue that Mr. Steele’s firm, Orbis Business Intelligence, breached British data protection laws with the dossier, which triggered a political earthquake when it was published just before Mr. Trump’s inauguration in 2017.The lawsuit, the first filed by Mr. Trump in Britain related to the dossier, could offer the former president more favorable legal terrain than the United States. Last year, a federal judge in Florida threw out his lawsuit claiming that Mr. Steele, as well as Hillary Clinton and the Democratic National Committee, was involved in a concerted plot to spread false information about Mr. Trump’s ties to Russia.In a court filing last month, Mr. Trump’s lawyers said he was “compelled to explain to his family, friends, and colleagues that the embarrassing allegations about his private life were untrue. This was extremely distressing” for him, the filing said, asserting that Mr. Steele had presented the claims in a “sensationalist manner” that was “calculated to cause tremendous embarrassment” to Mr. Trump. He is asking for unspecified compensation.The High Court judge Matthew Nicklin has scheduled a two-day hearing on Oct. 16 and 17, at which arguments will be heard and lawyers for Mr. Steele’s firm will move to throw out the case, which was originally filed last November.The dossier’s author, Christopher Steele, center, in 2020. He has accused Mr. Trump of engaging in “frivolous and abusive legal proceedings” in the United States.Victoria Jones/Press Association, via Associated PressIn a witness statement, Mr. Steele accused Mr. Trump of “numerous public attacks upon me and Orbis.” He said the former president had initiated “frivolous and abusive legal proceedings” against him and his firm in the United States, a conclusion echoed by the Florida judge’s ruling.A spokesman for Mr. Trump did not respond to requests for comment, and neither did his British lawyers, while Mr. Steele declined to comment.Mr. Trump’s foray into the British courts comes as he is facing a raft of criminal and civil charges in the United States, on accusations ranging from election interference to inflating the value of his real estate assets — all of which he has denied. He has experienced a string of legal setbacks in courtrooms from Manhattan to South Florida.But in London, Mr. Trump is the plaintiff, and legal experts said his lawyers were trying to seize an advantage from Britain’s comparatively tight controls on personal data. Winning a claim that his data had been compromised, these lawyers said, would be easier than winning a claim of defamation.“It avoids the obvious hurdles of a U.K. defamation claim,” said Jay Joshi, a media lawyer with the London firm Taylor Hampton. These include the statute of limitations for defamation, normally a year, and the fact that the dossier was published in the United States, not Britain. “Trump is clearly seeking some form of vindication,” Mr. Joshi said.In 2020, Aleksej Gubarev, a Russian technology entrepreneur who was cited in the dossier, lost a defamation suit against Mr. Steele. But in another case that year, two Russian oligarchs, Mikhail Fridman and Petr Aven, won damages of 18,000 pounds ($22,900) each from Mr. Steele’s firm after they argued that allegations about them in the dossier violated data-protection laws.The court ruled that Orbis had “failed to take reasonable steps to verify” claims that Mr. Fridman and Mr. Aven, who controlled Alfa Bank, had made illicit payments to President Vladimir V. Putin of Russia, though the judge dismissed several other claims.Mr. Trump’s lawyers are making a similar claim that Mr. Steele’s firm did not confirm the claims about him. Among other things, they said, Mr. Trump did not bribe Russian officials to advance his business interests.“The claimant did not engage in unorthodox behavior in Russia and did not act in a way that Russia authorities were provided with material to blackmail him,” the lawyers said. “The personal data is not accurate. Further, the Defendant failed to take all reasonable steps to insure the personal data was accurate.”Mr. Trump is being represented by Hugh Tomlinson, a leading London media lawyer who specializes in defamation, privacy and data protection. Among his former clients is King Charles III, then the Prince of Wales, for whom Mr. Tomlinson argued successfully that a British tabloid should not be allowed to publish his private diaries, which contained astringent comments about the 1997 handover of Hong Kong to China.The Steele dossier grew out of an opposition research effort to dig up information about Mr. Trump, funded by Mrs. Clinton’s campaign and the Democratic Party. Their law firm, Perkins Coie, contracted with a Washington research firm, Fusion GPS, which in turn hired Mr. Steele, an expert on Russia, to research Mr. Trump’s business dealings in the country.Mr. Steele shared some of the memos with the F.B.I. and journalists; they first came to light in January 2017 when Buzzfeed published 35 pages.His findings have been largely discredited by the F.B.I. and others who have investigated Mr. Trump’s relationship to Russia. Relying on anonymous sources, the dossier asserted that there was a “well-developed conspiracy of coordination” between the Trump campaign and the Russian government, and that Russian officials had a blackmail tape of Mr. Trump with prostitutes.For much of his information, Mr. Steele relied on Igor Danchenko, a Russian researcher who told federal investigators that some of the claims were rumors that he had not been able to confirm. Mr. Danchenko was later indicted on a charge of misleading federal investigators, but he was ultimately acquitted.The F.B.I. concluded that one of the most explosive allegations in the dossier — that Mr. Trump’s lawyer, Michael Cohen, had met with Russian officials in Prague during the 2016 campaign — was false.In his witness statement, Mr. Steele said he wrote the memos on a computer that was not connected to a network and was equipped with security that prohibited any third party from extracting data stored on it. He also said that Orbis no longer held any copy of the dossier on its systems by the end of the first week of January 2017.Mr. Steele has not denied sharing the dossier with journalists. But he rejected the contention that he has sought to promote its contents since then.“I declined to provide any media interviews for three and a half years after the publication of the dossier by Buzzfeed, despite being asked multiple times by major international media organizations,” he testified. “If I had wanted to ‘promote’ the dossier as Mr. Trump suggests, I obviously would have taken up those media opportunities.” More

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    Putin, Citing Trump ‘Persecution,’ Wades Back Into U.S. Politics

    The Russian leader, whose government meddled in the American presidential election won by Donald J. Trump, also offered words of praise for Elon Musk.The setting was an economic conference in far eastern Russia, with discussion of the ruble and domestic investment, but that didn’t stop President Vladimir V. Putin from wading into American politics on Tuesday, branding the criminal cases against Donald J. Trump political persecution and praising the billionaire entrepreneur Elon Musk.For years, the Russian leader has demonstrated an ability to exploit political divisions within Western nations, often by signaling to conservatives abroad that he is aligned with them in a global fight against liberal values.Mr. Putin’s remarks on Tuesday, made at the Eastern Economic Forum in Vladivostok, appeared aimed at lending firepower to the Republican outcry over the prosecutions of Mr. Trump, who has long expressed public admiration for the Russian leader and has helped encourage a sizable Moscow-friendly contingent within his party.The cases against Mr. Trump — who faces 91 felony counts in four jurisdictions — represent the “persecution of one’s political rival for political motives,” Mr. Putin said. He predicted that the entire affair would help Russia by exposing American domestic problems for the world to see and revealing the hypocrisy of American democracy.“Given today’s conditions, what is happening is good for us, in my opinion, because it shows the rottenness of the American political system, which cannot pretend to teach democracy to others,” Mr. Putin said, prompting the hall to erupt in applause.Mr. Putin, whose political adversaries have a way of ending up in prison or worse, said the criminal cases against Mr. Trump also demonstrated who Russia is really fighting against as it prosecutes its invasion of Ukraine. “As they said back in Soviet times, ‘the bestial visage of American imperialism, the bestial grin’” he said.Donald J. Trump at a rally this month in Rapid City, S.D.Jamie Kelter Davis for The New York TimesMr. Trump offered no public response to Mr. Putin’s remarks, and his aides did not respond to requests for comment.Unlike in the past, Mr. Putin expressed a measure of resignation about the American posture toward Russia, saying the United States would likely remain anti-Russian, even if Mr. Trump were to return to the White House.“Though they accused him of special ties to Russia, it was complete nonsense, total bullshit, and he more than anything imposed sanctions on Russia,” Mr. Putin said. “So what to expect in the future, regardless of who is president, is difficult to say. But it’s unlikely anything will change definitively, because the current government has configured American society in such an anti-Russian manner and spirit.”In the United States, where Republicans are competing for their party’s presidential nomination — with Mr. Trump considered to be far ahead — several leading G.O.P. figures rejected Mr. Putin’s criticism.“America’s founding principles will always stand the test of time, and Vladimir Putin’s opinion of our constitutional republic holds no value in the United States,” former Vice President Mike Pence said in a statement. “Putin should be more concerned about how quickly his military went from being the second most powerful in the world to the second most powerful in Ukraine.”Senator Lindsey Graham, a South Carolina Republican who is a strong supporter of both Mr. Trump and of American aid to Ukraine, said in an interview that the prosecutions taking place against Mr. Trump were “part of democracy.” He said that some parts of the American system were being “run off the rails,” but that the people in charge would have to answer to voters.“No one in Russia is able to speak against Putin,’’ Mr. Graham said, “because he’ll kill them.”Former Gov. Chris Christie of New Jersey, who is running against Mr. Trump for the nomination, said Mr. Putin’s comments were in effect a vote of support for his opponent. “It’s good to see Vladimir Putin has made his endorsement official — and no surprise, he’s endorsed another autocrat,” Mr. Christie said. Senator Lindsey Graham said that the prosecutions taking place against Mr. Trump were “part of democracy.”Doug Mills/The New York TimesMr. Putin’s comments amounted to the latest chapter in a political drama that began when Russia interfered in the 2016 U.S. presidential election, spreading disinformation online and hacking and releasing emails from the Democratic National Committee and the campaign manager of Mr. Trump’s Democratic rival, Hillary Clinton.The controversy over Mr. Trump’s seeming sympathies for the Kremlin continued well after he took office in early 2017. Throughout his term, Mr. Trump heaped praise on Mr. Putin, and at one point, during a 2018 summit in Helsinki, professed to trust the Russian leader more than his own intelligence services.Even after he was defeated for re-election, Mr. Trump clung to that stance. In January, in a post on his Truth Social website, he again suggested that he had been right to trust the Russian president more than U.S. intelligence and F.B.I. “lowlifes.”Mr. Trump’s assertions at the Helsinki meeting — where, in an unusual breach of protocol, he met with Mr. Putin without any aides present — were roundly criticized by his opponents as unseemly pandering to the Russian leader.Still, even as Mr. Trump expressed sympathy with Moscow from the White House, he packed his administration with officials who were hawkish on Russia and, in tandem with lawmakers in Congress, continued to promote a foreign policy that punished Moscow for the 2016 interference, pushed through sanctions, and labeled Russia a “great power” competitor.Mr. Trump and Mr. Putin during a news conference at their meeting in Helsinki in 2018.Doug Mills/The New York TimesAt his economic forum on Tuesday, Mr. Putin also offered praise for Mr. Musk, calling him a “talented businessman,” when asked about the possibility of private space companies similar to Mr. Musk’s SpaceX arising in Russia.“When it comes to private business, Elon Musk, he is, without a doubt, an outstanding person, one has to admit,” Mr. Putin said. “But I think everyone would admit that all around the world. He is an active, talented businessman. A lot works out for him, including with the support of the American government.”That description was reminiscent of the way the Russian leader once described Mr. Trump — “brilliant and talented” — in the early days of the New York real estate mogul’s first presidential campaign.Mr. Musk is a self-proclaimed free speech absolutist, and his purchase of Twitter, recently rebranded to X, has led to a rise in the sort of misinformation and bot activity on a platform that Russia has turned to often to achieve its geopolitical aims.Mr. Putin offered praise for Elon Musk on Tuesday, calling him a “talented businessman.”Gonzalo Fuentes/ReutersThe billionaire has also involved himself directly in the conflict between Russia and Ukraine, at one point proposing a peace solution on Twitter that drew condemnation for echoing Kremlin talking points.And last week, Mr. Musk attracted renewed scrutiny when a new biography asserted that he had thwarted an attack on Russia’s Black Sea naval fleet in 2022 by refusing to let the Ukrainian military use his satellite network, Starlink, to guide its drones. He said he had disabled Starlink in Crimea long before the Ukrainian attack was planned, and had declined a request to enable it to avoid being complicit in what he said would be a “major act of war.’’ More

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    Ukraine Is Still Grappling With the Battlefield Prigozhin Left Behind

    He shored up Russian forces at their most vulnerable and drew Ukraine into a costly fight for Bakhmut, giving Moscow time to build defenses that are slowing Ukraine’s counteroffensive.As the Russian military reeled on the battlefield in Ukraine last autumn, a foul-mouthed, ex-convict with a personal connection to President Vladimir V. Putin stepped out of the shadows to help.Yevgeny V. Prigozhin for years had denied any connection to the Wagner mercenary group and operated discreetly on the margins of Russian power, trading in political skulduggery, cafeteria meals and lethal force.Now, he was front and center, touting the Wagner brand known for its savagery and personally recruiting an army of convicts to aid a flailing Russian war operation starved for personnel.The efforts that Mr. Prigozhin and a top Russian general seen as close to him, Gen. Sergei Surovikin, would undertake in the subsequent months would alter the course of the war.Both men have since been taken out of action.Mr. Prigozhin is presumed to have died in a plane crash on Wednesday, an incident that came two months after he launched a failed mutiny, and which U.S. and Western officials believe was the result of an explosion on board. Several said they thought Mr. Putin ordered the plane destroyed, suggestions the Kremlin on Friday dismissed as an “absolute lie.”A military column of the Wagner group drives along the highway linking Russia’s southern cities with Moscow during the rebellion on June 24.ReutersGeneral Surovikin, who U.S. officials have said had advance knowledge of the mutiny, hasn’t been seen in public since the day of the revolt, and according to Russian state news media was formally dismissed from his post leading Russia’s aerospace forces this week.On the battlefield, Ukrainian forces are still grappling with their impact.Mr. Prigozhin led the brutal fight in Bakhmut through the winter and into the spring, relying on unorthodox recruitment of prison inmates to quickly bolster Russia’s badly depleted frontline forces. The battle, one of the bloodiest of the war, sapped Kyiv of trained soldiers ahead of the counteroffensive, while Russia lost personnel Moscow saw as largely expendable.“When the Russian military was at its most vulnerable, he provided an important reserve force to buy time for them,” Dara Massicot, a senior policy researcher at the RAND Corporation, said of Mr. Prigozhin.And Wagner, she added, was “taking the most casualties and losses at a time when the Russian military was still reeling and trying to cope with mobilization.”An Orthodox priest gave funeral rites for Wagner group mercenaries in February on the outskirts of Bakinskaya, a village in Russia’s Krasnodar region.Nanna Heitmann for The New York TimesHe effectively helped turn Bakhmut into a symbol beyond its strategic importance, one where Kyiv continues to devote extensive resources. And Russia is now building out its own army with convicts, adopting his strategy.The long-fought battle for Bakhmut also gave the Russian military, initially under the leadership of General Surovikin, a chance to flow in newly mobilized personnel and establish what became known as the “Surovikin line” of defense. The wall of mines, trenches and other fortifications has proved difficult for Ukrainian forces to penetrate in the counteroffensive.Mr. Prigozhin’s forces eventually took a devastated Bakhmut. And his contribution to the Russian war effort at an important moment, coupled with a newfound public stature owing to scores of expletive-laden comments and videos on social media, fed his ego.“Prigozhin would have you believe they were the only thing saving the Russian military. In reality they were out front, but they couldn’t do what they did without the Russian Ministry of Defense,” said Ms. Massicot.The grisly battle stoked his hatred of the Russian military to such a degree that he ultimately mounted a shocking uprising to eliminate its leadership, running gravely afoul of the unspoken rules of Mr. Putin’s system in the process.“Prigozhin over time developed a kind of main character syndrome,” Ms. Massicot said. “And in Russia, there is only one main character. He sits in the Kremlin.”The mutiny came after Mr. Prigozhin’s usefulness on the battlefield had faded.Mr. Prigozhin in an image taken from video posted on the Telegram account of his company, Concord, with Wagner mercenaries in Bakhmut, Ukraine, in May.Concord, via Agence France-Presse — Getty ImagesRussia’s shift to defense had stabilized the lines. The personnel crisis became less acute. In late May, Wagner left the battlefield.“Wagner’s strategic utility likely peaked during the winter and spring,” said Michael Kofman, a senior fellow at the Carnegie Endowment for International Peace. “After that, it is difficult to see how Wagner would have proven decisive in this war. Their greatest utility was not in defending but in fighting for cities.”Mr. Prigozhin’s presumed death at the age of 62 capped the life of a man who rose from a Soviet prison to Moscow’s most elite circles of power, ultimately erecting a private empire that fed off Mr. Putin’s increased appetite for confrontation and desire to reassert Russia on the world stage.While amassing a personal fortune from government catering and construction contracts, Mr. Prigozhin crafted a role for himself at the tip of Russia’s geopolitical spear, his stature growing alongside Mr. Putin’s willingness to take risks.He thrived in the secretive space between formal Russian power and its targets. Russia’s invasion of Crimea and eastern Ukraine in 2014 popularized the concept of “hybrid warfare” and “gray zone tactics,” which Mr. Prigozhin adopted as his freewheeling outfit’s specialties.“With the creation of Wagner in 2014 and all of the deployments we have seen since, he established a way to really revolutionize how a private military company could be used in this targeted, coordinated way to advance Russian geopolitical interests,” said Catrina Doxsee, an associate fellow at the Center for Strategic and International Studies.Wagner assault teams helped Moscow execute a final land grab in eastern Ukraine in 2015. For years, the mercenary group carried out select missions in Syria, relieving the Russian military of the need to deploy large numbers of ground troops so it could achieve its goals with air power and a limited footprint.Mr. Prigozhin attracted global renown when his St. Petersburg troll factory intervened in the 2016 U.S. presidential election and helped stir up right-wing populism in Europe. Later, he expanded his security services into Africa, all the while finding business opportunities, from mining to oil, that came easily to a person operating a private army with the Kremlin’s imprimatur.A Russian gold processing plant in the desert outside al-Ibediyya, Sudan. Wagner commanders often extracted lucrative mining concessions from African leaders in exchange for providing security. Abdumonam Eassa for The New York Times“The opportunity grew from a more interventionist policy by Russia,” Mr. Kofman said. “If Russia and Putin weren’t interested in a revived Russian role in the Middle East, if they weren’t interested in prospecting in Africa for influence and resources, those opportunities wouldn’t have been there.”“The Kremlin was interested in those who could deliver on that expanded vision,” Mr. Kofman added. “And Prigozhin, ever an opportunist, sensed those prospects.”Mr. Putin’s full-fledged invasion of Ukraine would become as existential for the Kremlin as it would for Mr. Prigozhin, bringing the risk-taking to extremes that tested the system and the individuals within it.At first, Mr. Prigozhin seemed to thrive. But as his ego grew, his usefulness to the Russian military waned, an unstable blend that exploded in the June mutiny, rupturing a relationship with Mr. Putin that went back to the 1990s in their mutual hometown, St. Petersburg.The tycoon had spent nearly a decade behind bars in the 1980s, having been found guilty by a Soviet court of robbery and other crimes, including one incident in which prosecutors alleged he choked a woman into unconsciousness before making off with her gold earrings.While he made inroads with Mr. Putin after the Soviet Union’s collapse, he didn’t come from the world of former KGB associates who would rise along with the Russian leader to dominate the country’s levers of power. Mr. Putin seemed to emphasize that on Thursday when he noted that Mr. Prigozhin was a “talented person” who in life made many mistakes.“I think some of these miscalculations came from believing that he was part of the system,” Ms. Doxsee said. “But I don’t think Putin ever stopped believing that he was anything other than a useful outsider.”Part of the crashed private jet that reportedly carried Mr. Prigozhin, near the village of Kuzhenkino, Tver region, Russia, on Thursday.Alexander Zemlianichenko/Associated Press More

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    Fast Living and Foreign Dealings: An F.B.I. Spy Hunter’s Rise and Fall

    Charles McGonigal had a family, a house in the suburbs and an influential job as a counterintelligence leader in New York. Federal prosecutors suggest it wasn’t enough for him.By the time he reached middle age, Charlie McGonigal was living a comfortable suburban life.He had married and raised two children in a tidy Maryland neighborhood near the Capital Beltway. He coached his co-workers on an office softball team and went to church on Sundays. In his den, he hung posters celebrating sports teams from his native Ohio; in his home office, a sign above a doorway announced in flowing script his devotion to his job.“I want to thank the Good Lord,” it read, “for making me a F.B.I. Agent.”But Charles Franklin McGonigal was no ordinary agent. As the chief of counterintelligence for the Federal Bureau of Investigation in New York, he was tasked with rooting out foreign efforts to steal vital national security and economic secrets in one of the world’s most fertile cities for spying.Apart from his outward image as a wholesome and responsible G-man, however, there was another, less visible side to Mr. McGonigal, federal prosecutors and his former colleagues say. He held off-the-books meetings with foreign politicians and businessmen and accepted illicit payments while doing favors for associates, according to federal indictments filed against him in two states earlier this year.Mr. McGonigal’s arrest, in part based on accusations that he had worked for a Russian oligarch, came at a time when U.S.-Russia relations had reached their lowest point since the Cold War, leading to questions about whether one of the country’s most trusted spy hunters had become a spy himself. But a close look at Mr. McGonigal’s life and career reveals an arc that appears to have little or nothing to do with espionage and international intrigue. Instead, it seems to be a quintessentially American story about greed.Smooth and politic while navigating an upward trajectory through the F.B.I.’s bureaucracy, he was a different man with subordinates, flashing his temper at the smallest provocation, former associates say. An expert in Russian counterintelligence, he spoke publicly of international security threats. At the same time, prosecutors say, he was privately courting the oligarch, Oleg V. Deripaska, who figured prominently in the investigation by the special counsel, Robert S. Mueller III, into Russian meddling in the 2016 U.S. presidential election.Now, Mr. McGonigal, 55, appears set to become one of the highest-ranking F.B.I. agents ever to be convicted of a crime. He is scheduled to appear in federal court in New York on Tuesday for a possible guilty plea in the case involving Mr. Deripaska, and is in talks to resolve an indictment brought by federal prosecutors in Washington. Until any deal is finalized, it could still fall apart, and Mr. McGonigal, who has so far pleaded not guilty, could go to trial.The case has raised unsettling questions about the F.B.I.’s ability to detect corruption within its ranks. Prosecutors suggested that Mr. McGonigal traveled extensively while at the bureau, meeting with foreign officials and businesspeople who, on the surface, had nothing to do with his job. Agents are required to report such contacts and certain financial transactions and to take lie-detector tests, but the bureau relies heavily on the integrity of the people it has placed in positions of trust.Over more than three years, the investigation has so far produced no evidence that Mr. McGonigal provided national security secrets to the Russians or to anyone else, according to American officials who requested anonymity to discuss ongoing cases. Although the officials said Mr. McGonigal appears to have been engaged in simple graft, his actions stunned many in the F.B.I., where a core tenet is drilled into every agent: “Never embarrass the bureau.”The F.B.I.’s director, Christopher A. Wray, said the charges demonstrated “the F.B.I.’s willingness as an organization to shine a bright light on conduct that is totally unacceptable, including when it happens from one of our own people, and to hold those people accountable.”Peter J. Lapp, a former F.B.I. agent who once worked for Mr. McGonigal, said that the openness with which he seems to have crossed legal lines — “doing it right in front of everyone” — took audacity. But the charges did not explain what he called “the great mystery.”“Why did he need so much money?”While investigators have described brazen attempts to profit from his F.B.I. career, the actual crimes Mr. McGonigal is charged with are technical. Between the two indictments, he is accused of concealing details of his finances and activities overseas, violating U.S. sanctions and laundering money. Some charges carry potential prison sentences of up to 20 years, but a judge could impose far less.Mr. McGonigal was accused of working for Oleg Deripaska, second from left, shown here with Russian President Vladimir V. Putin in a photo from the Russian presidential press service.Mikhail Klimentyev, Presidential Press Service/RIA-Novosti, via Associated PressSeth D. DuCharme, Mr. McGonigal’s lawyer, said at a recent hearing in New York that the indictment was more dramatic than the case actually seemed to be.“Every time I hear the government describe this as a small white-collar case, I feel a little more comforted,” he said.And the Washington prosecution, Mr. DuCharme has said, is basically “about some omissions on government forms.”What most shocked former colleagues was Mr. McGonigal’s boldness. He had behaved in ways that he most likely knew would get him caught. In 2020, two years after his retirement, he spoke on a panel about the corruption of the Federal Security Service, or F.S.B., Russia’s counterpart to the F.B.I., including its agents’ participation in money laundering and acting as “private contractors” for businessmen and criminals.“It has really become an organization that is rogue, in my opinion, and is at the behest of those who can pay for the services they offer,” he said.By then, prosecutors said, Mr. McGonigal had already accepted cash from a former Albanian intelligence officer — and had begun working with Mr. Deripaska.An unpolished edgeIn the Cleveland suburbs where he grew up, one of four siblings in a family of modest means, Mr. McGonigal went by “Chuck,” studied martial arts and liked to drive fast cars and party on weekends, according to his high school yearbook.After graduating from Kent State University, and working briefly for the National Bank of Canada in New York City, Mr. McGonigal joined the F.B.I. Assigned to investigations into the crash of TWA Flight 800 off Long Island and the Sept. 11 attacks, he gradually climbed the ranks, eventually supervising a counterespionage squad at the agency’s Washington field office. He was aided by a gift for “briefing up” — impressing superiors with analysis and presentations.“He was a very hard-working, intelligent, nice guy — always, ‘Yes, sir. No, sir,’” said another colleague, Clayt Lemme, who worked as special agent in charge of counterintelligence, two levels above Mr. McGonigal, at the F.B.I.’s Washington field office.He revealed a less polished side, though, when underlings displeased him, erupting in tirades while spraying spit. Mr. Lapp, his former employee, said it became a running joke: Offending agents got a second shower — “the McGonigal hot wash” — when he yelled at them.Mr. McGonigal and his wife, Pamela, who had been a year behind him at Kent State, bought a red brick rambler in hilly North Chevy Chase, Md., where they raised their son and daughter. He joined Shrine of the Most Blessed Sacrament, a nearby Catholic church. He registered to vote as a Republican and coached the Washington field office’s softball squad. His den became a man cave, its walls covered in posters paying homage to the Ohio State Buckeyes, the Cleveland Browns and other teams.Before Mr. McGonigal retired from the F.B.I., he and his wife had raised two children in a quiet suburb of Washington.Jefferson Siegel for The New York TimesThough Mr. McGonigal took pride in his home state, he also played down his humble roots, leaving Kent State off his official bio and accentuating the graduate degree he later earned at Johns Hopkins University.All the while, he had access to some of the F.B.I.’s most sensitive and important information, even helping to lead the investigation in 2012 into the compromise of C.I.A. informants in China.By early 2016, Mr. McGonigal was running the bureau’s Cyber-Counterintelligence Coordination Section in Washington, where agents analyzed Russian and Chinese hacking and other foreign intelligence activities.In that senior position, Mr. McGonigal became aware of the initial criminal referral that led to the investigation known as Crossfire Hurricane — an inquiry into whether Donald J. Trump’s presidential campaign and associates were coordinating with Russia.That October, then-director James B. Comey appointed Mr. McGonigal special agent in charge of counterintelligence in New York, overseeing hundreds of agents and support staff. It was a return to where Mr. McGonigal had gotten his start, but in a vastly more important role.The job would be the culmination of Mr. McGonigal’s law enforcement career.“If you want to learn and work counterintelligence, New York City is the pre-eminent field office,” Mr. McGonigal told a gathering at the Foreign Policy Association seven months after his appointment, adding that audience members who traveled overseas should expect to be under surveillance by foreign intelligence agencies.Despite urging caution, it seems that Mr. McGonigal had already thrown it aside in his own life.He had left his family in Maryland, and, soon after moving to New York, begun an affair with a woman who socialized in law-enforcement circles.Mr. McGonigal met the woman, Allison Guerriero, 49, of Florham Park, N.J., through her work volunteering at a nonprofit organization called the Federal Enforcement Homeland Security Foundation, which says it raises money for the families of federal agents injured or killed in the line of duty — in part by hosting galas and golf outings with celebrities such as the “Law & Order” creator Dick Wolf and the actor Stephen Baldwin.Ms. Guerriero, who has been publicly critical of Mr. McGonigal since his arrest, has said he led her to believe his marriage was dead, only to end their affair after he retired from the F.BI. in 2018. In the aftermath, Pamela McGonigal, citing harassment, obtained a restraining order against Ms. Guerriero, who has acknowledged overstepping during periods of alcohol abuse.Ms. Guerriero has said that, in her anger, she drunkenly sent an email to the head of the F.B.I.’s New York office suggesting he investigate Mr. McGonigal, which has led some to suspect that his marital indiscretion was what ultimately led to the federal inquiry that resulted in his arrest.During their 18-month relationship, Ms. Guerriero said, she and Mr. McGonigal sometimes stayed at a Brooklyn apartment and enjoyed the swirl of the city. He loved Sparks Steak House and other upscale restaurants and was fastidious about his appearance.“Suits, shoes, expensive ties,” Ms. Guerriero said. “If he went out, he would have to be dressed to the nines.”Over dinner in Manhattan one evening in 2017, Mr. McGonigal was introduced to a man who would figure heavily into his undoing: Agron Neza, an Albanian-born businessman living in Leonia, N.J., who is labeled “Person A” in the Washington indictment. As a young man, Mr. Neza had worked for the Albanian State Intelligence Service before moving to the United States. Now, balding and bearded, Mr. Neza was brokering deals overseas.In August 2017, according to prosecutors, Mr. McGonigal proposed the men make their own deal, in which Mr. Neza would lend him $225,000 in cash.The Vienna clientProsecutors have not said why Mr. McGonigal needed that money or what he may have agreed to do in return. But over the next several months, they said, he injected himself into foreign political and business affairs, apparently while trading on his F.B.I. position, in dealings that would culminate in his arrest.He befriended the prime minister of Albania, Edi Rama, and used his position to drum up foreign business for his associates, according to the indictment filed against him in Washington.On one occasion, Mr. McGonigal opened an F.B.I. investigation into a lobbyist for the Albanian prime minister’s main political rival, the prosecutors said. On another, prosecutors said, he helped secure an oil drilling license benefiting Mr. Neza and others.Prosecutors said Mr. McGonigal also cultivated ties to Prime Minister Edi Rama of Albania. The accusations caused a scandal there, with protesters carrying effigies of the two men in prison jumpsuits.Adnan Beci/Agence France-Presse — Getty ImagesAlong the way, there was some indication that the F.B.I. was aware of his dealings with the Albanians. According to two people who spoke with him, Mr. McGonigal said the F.B.I. had authorized him to approach U.S. contractors about working with Mr. Rama to help reform the Albanian government, which had long been plagued by corruption and inefficiency. Perhaps none of Mr. McGonigal’s associations was as alarming as the one prosecutors said he had with the Russian oligarch, Mr. Deripaska. A billionaire metals magnate seen as shrewd and ruthless, Mr. Deripaska built his fortune after the fall of the Soviet Union, as state resources were taken over by businessmen with close ties to the Kremlin. He also cultivated ties to the West, hosting parties in Europe, courting politicians and hiring lawyers and lobbyists to look after his interests.He did business with Paul Manafort, a lobbyist and political adviser who later served as chairman of Mr. Trump’s 2016 campaign. F.B.I. agents attempted to recruit Mr. Deripaska as an informant, in part to find out whether Mr. Manafort had been a link to the Kremlin, which Mr. Deripaska denied.In April 2018, the Treasury Department added Mr. Deripaska to its sanctions list, citing his ties to the Kremlin and accusations that he laundered money and threatened rivals, among other things. Before the sanctions were made public, Mr. McGonigal reviewed a list with Mr. Deripaska’s name on it, the New York indictment said.By late 2018, prosecutors suggested, he was laying the groundwork for a future business relationship with Mr. Deripaska.Mr. McGonigal is accused of setting up an internship at the New York Police Department for the daughter of an unnamed aide to the oligarch — a reference to the Russian businessman Evgeny Fokin, according to people familiar with the case. (A senior police official said that the woman received a multiday “V.I.P.-type” tour of specialized units, not an internship.) Mr. McGonigal had been introduced to Mr. Fokin by a former Russian diplomat who had become an interpreter for U.S. courts, prosecutors said.After retiring from the bureau in late 2018, and taking a job as vice president for security at the real estate firm Brookfield Properties, Mr. McGonigal began working for Mr. Deripaska, prosecutors said. He and the former diplomat connected the oligarch with an American law firm, Kobre & Kim, in 2019 to aid in getting the sanctions lifted.They referred to Mr. Deripaska as “the individual” or “the Vienna client” in electronic communications, and Mr. McGonigal met with Mr. Deripaska and others in London and in Vienna, prosecutors said.Mr. McGonigal was paid $25,000 per month by the law firm for the sanctions-related work, using Mr. Deripaska’s money, prosecutors said.In August 2021, Mr. Fokin retained Mr. McGonigal and the former Russian diplomat for a new brief: investigating a rival oligarch with whom Mr. Deripaska was involved in a business dispute. The two men were paid $218,000, until F.B.I. agents seized their devices that November, prosecutors said.Last year, federal prosecutors in New York charged Mr. Deripaska and others with scheming to evade sanctions by engaging in real-estate deals.In January, F.B.I. agents met Mr. McGonigal at Kennedy Airport and arrested him as he returned from an unrelated business trip to Sri Lanka. He had lost his job at the real-estate firm, but in the following months, the wholesome Midwesterner became a celebrity in Albania, where Mr. Rama’s opponents and the media took to short-handing the scandal in a particular way.They called it “the McGonigal affair.”Susan C. Beachy More

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    Ex-F.B.I. Official in Talks to Resolve Charges of Working for Oligarch

    Once the F.B.I.’s top counterintelligence official in New York City, Charles F. McGonigal was charged with concealing contacts with foreign nationals.A former senior F.B.I. official is in talks to resolve criminal charges in two separate indictments, including entering a possible guilty plea as early as next week in a case involving accusations that he worked for a Russian oligarch, according to a public filing and statements by his lawyer in court.Charles F. McGonigal, who retired in 2018 as the counterintelligence chief in the F.B.I.’s New York field office, one of the agency’s most sensitive posts, has been accused by federal prosecutors in New York of violating U.S. sanctions, money laundering and conspiracy in connection with Oleg Deripaska, an oligarch once seen as close to Russian President Vladimir V. Putin.Mr. McGonigal was also charged by federal prosecutors in Washington with concealing his relationship with a businessman who paid him $225,000, as well misleading the F.B.I. about his contacts with foreign nationals and foreign travel, creating a conflict of interest with his official duties.Mr. McGonigal pleaded not guilty to both indictments. But on Monday, the district judge overseeing his New York case, Jennifer H. Rearden, set a plea hearing for Aug. 15, saying that she had been informed that Mr. McGonigal “may wish to enter a change of plea.”At a hearing in the Washington case on Friday, Mr. McGonigal’s lawyer, Seth D. DuCharme, told the federal judge there, Colleen Kollar-Kotelly, that discussions about resolving the charges were ongoing and that he hoped to update her by the next scheduled hearing in September.Although some of the current charges carry up to 20 years in prison, a judge could also impose a far lighter sentence.Mr. DuCharme declined to comment on either case. Spokespeople for the U.S. attorney’s offices in New York and Washington also declined to comment.Judge Rearden’s order in New York and the discussions in Washington were reported earlier by CNN. Mr. McGonigal’s co-defendant in the New York case, Sergey Shestakov, has also pleaded not guilty to sanctions violations and money laundering in connection with Mr. Deripaska, as well as making false statements to the F.B.I. (Mr. McGonigal does not face that last charge.) There has been no public indication that Mr. Shestakov is about to change his plea; his lawyer did not respond to a request for comment.The arrest in January of Mr. McGonigal, 55, reverberated through the F.B.I., shocking colleagues who had worked with him over his 22-year career on some of the bureau’s most sensitive cases, including an investigation into the information breach that led to the disappearance, imprisonment or execution of C.I.A. informants in China.The accusations also raised questions about what agency secrets Mr. McGonigal might have compromised. But a more than three-year F.B.I. investigation produced no evidence that he had done so, according to U.S. officials who spoke on condition of anonymity to discuss the sensitive matter. That a plea agreement may be reached relatively quickly also suggests that Mr. McGonigal’s former colleagues at the F.B.I., and Justice Department prosecutors, have concluded his behavior stopped at corruption and did not extend to espionage.The New York indictment accused Mr. McGonigal and Mr. Shestakov of working for Mr. Deripaska, a wealthy Russian metals magnate. Mr. Shestakov, 69, is a former Soviet and Russian diplomat who lived in the U.S. and worked after his retirement as an interpreter in U.S. courts in New York.Federal prosecutors suggested that while still at the F.B.I., Mr. McGonigal attempted to build a relationship with an aide to Mr. Deripaska by arranging for the aide’s daughter to do an internship with the New York City Police Department. (A senior police official told The New York Times that the woman was given a “V.I.P.-type” tour over several days that included spending time with specialized Police Department units, including the harbor patrol and mounted units, but it was not an internship.)In April 2018, Mr. Deripaska was placed on a sanctions list by the U.S. State Department, which cited his connections to the Kremlin and Russia’s interference in the presidential election of 2016. Mr. McGonigal reviewed the proposed list of people to be sanctioned, including Mr. Deripaska, before it was finalized, prosecutors said.In 2019, after Mr. McGonigal’s retirement, he and Mr. Shestakov connected Mr. Deripaska to a law firm for aid in getting the sanctions lifted, federal prosecutors in New York said. Mr. McGonigal met with Mr. Deripaska and others in London and Vienna and was paid $25,000 a month through the law firm as a consultant and an investigator until about March 2020, the indictment says.Then, in the spring of 2021, Mr. McGonigal and Mr. Shestakov negotiated an agreement with Mr. Deripaska’s aide to investigate a rival oligarch, for which they were paid more than $200,000, according to the indictment. The criminal charges in the indictment appear to relate primarily to this arrangement, which ended, prosecutors said, when the men’s devices were seized by the F.B.I. in November 2021.Adam Goldman More

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    How Jack Smith Quickly Brought Two Indictments Against Trump

    Last fall, a largely unknown former prosecutor with a beard and a brisk gait flew unnoticed to Washington from The Hague after being summoned to a secret meeting by Attorney General Merrick B. Garland.Jack Smith’s job interview would remain unknown to all but a handful of department officials until hours before he was appointed special counsel to oversee two investigations into former President Donald J. Trump in mid-November.Over the past few months of frenetic activity, Mr. Smith’s anonymity has vanished. He has now indicted Mr. Trump twice: in June, for risking national security secrets by taking classified documents from the White House, and on Tuesday, in connection with his widespread efforts to subvert democracy and overturn an election in 2020 he clearly lost.And he has taken these actions with remarkable speed, aggressiveness and apparent indifference to collateral political consequences.Mr. Smith has now indicted former President Donald J. Trump twice.Maddie McGarvey for The New York Times“He’s going at a very fast clip — not letting the perfect be the enemy of the good — to the point that I sometimes worry they might be going a little too fast and haven’t buttoned everything up,” said Ryan Goodman, a professor at the New York University School of Law, before the release of the indictment in the election case.Mr. Smith told reporters that the attack on the Capitol on Jan. 6, 2021, was “fueled by lies” — Mr. Trump’s lies — during brief remarks on Tuesday, after a jury in Washington indicted the former president on four counts.Mr. Smith is not the first special counsel to investigate Mr. Trump. From 2017 to 2019, Robert S. Mueller III examined ties between Mr. Trump’s 2016 campaign and Russia. In his final report, he laid out a frantic effort by Mr. Trump to thwart a federal inquiry but ultimately cited a Justice Department policy in not making a determination on whether the sitting president had committed a crime. Mr. Smith, by contrast, faces no such limits, given that Mr. Trump is no longer in office.But where Mr. Mueller took two years to conclude his investigations into Mr. Trump, Mr. Smith — who took over investigations into Mr. Trump that were several months old — delivered his basic assessment in two criminal investigations in a little over eight months.Beyond the contrast in circumstances and timing, there are undeniable differences between the two men, rooted in their respective ages, experiences, management styles and prosecutorial philosophies, that have shaped their divergent charging decisions.“His disposition, compared to Mueller, seems very different — he’s working against the clock, Mueller moved a lot more slowly,” said Mr. Goodman, who is a co-founder of Just Security, an online publication that has closely monitored the Trump investigations.Mr. Trump and congressional Republicans have accused Mr. Smith, without evidence, of pursuing a politically motivated investigation intended to destroy Mr. Trump’s chances of retaking the White House, including by leaking details of the case. But department officials have said Mr. Smith is committed to conducting a fair investigation, and he has defended his own lawyers against attacks from the Trump team, who accuse them of using unethical tactics.The former president has taken to calling Mr. Smith “deranged,” and some of his supporters have threatened the special counsel, his family and his team — prompting the U.S. Marshals to spend $1.9 million to provide protection for those who have been targeted, according to federal expense reports that cover the first four months of his tenure. Mr. Smith was flanked by a three-person security detail inside his own building when he delivered remarks to reporters on Tuesday.Mr. Mueller was an established and trusted national figure when he was appointed special counsel, unlike Mr. Smith, who was virtually unknown outside the department and drew a mixed record during his tenure. Mr. Mueller had already solidified a reputation as the most important F.B.I. director since J. Edgar Hoover, after protecting and reshaping the bureau at a time when some were calling for breaking it up following the intelligence failures that preceded the Sept. 11, 2001, terrorist attacks.Robert S. Mueller III, the former special counsel, was an established and trusted national figure when he was appointed.Anna Moneymaker/The New York TimesBut there was, at times, a gap between the perception of Mr. Mueller and his ability to execute a difficult job under fire. Already in his mid-70s, he struck many of those who working with him as a notably diminished figure who, in testifying before Congress at the end of the investigation, was not entirely in command of the facts of his complex investigation.By comparison, Mr. Smith is someone who rose to the upper echelons of the Justice Department but is not well known outside of law enforcement circles. At 54, Mr. Smith, a lifelong prosecutor, is leading the investigation at the height of his career, not at the end of it.Mr. Smith is fresh off a stint as a war crimes prosecutor in The Hague and took over two investigations that were already well down the road. Mr. Smith sees himself as a ground-level prosecutor paid to make a series of fast decisions. He is determined to do everything he can to quickly strengthen a case (or end it) — by squeezing witnesses and using prosecutorial tools, such as summoning potential targets of prosecution before a grand jury to emphasize the seriousness of his inquiries, people close to him have said.When Mr. Smith took over as chief of the Justice Department’s public integrity unit in 2010, the unit was reeling from the collapse of a criminal case against former Senator Ted Stevens, Republican of Alaska. In his first few months on the job, he closed several prominent investigations into members of Congress without charges.At the time, Mr. Smith brushed off the suggestion that he had lost his nerve. “If I were the sort of person who could be cowed,” he said, “I would find another line of work.”Among his more notable corruption cases was a conviction of Robert McDonnell, the Republican former governor of Virginia, that was later overturned by the Supreme Court, and a conviction of former Representative Rick Renzi, Republican of Arizona, whom Mr. Trump pardoned during his final hours as president.Mr. Smith appears to be somewhat more involved than Mr. Mueller in the granular details of his investigations. Even so, he seldom sits in personally on witness interviews — and spoke only sparingly during two meetings with Mr. Trump’s defense lawyers, delegating the discussions to subordinates, according to people familiar with the situation.Mr. Smith’s stony style, intentional or not, has the effect of sowing considerable unease across a conference table or courtroom.James Trusty, who quit the former president’s defense team a day after meeting with Mr. Smith’s team in June, worked for years with Mr. Smith as a senior criminal prosecutor at Justice Department headquarters and told associates he was a “serious” adversary not to be underestimated. Other lawyers said Mr. Smith’s team has fed the sense of mystery by describing him in veiled or cryptic terms, with one calling him “the man behind the curtain.”He has been more public-facing than Mr. Mueller in one critical respect — delivering short, sober statements to the news media after each grand jury indictment.Mr. Mueller said little when faced with a barrage of falsehoods pushed publicly by Mr. Trump and his allies about him and his investigative team. But at a news conference after Mr. Trump was indicted in the documents case, Mr. Smith seemed to be speaking with an added purpose: to rebut claims that one of his prosecutors, Jay I. Bratt, had inappropriately pressured a defense lawyer representing one of Mr. Trump’s co-defendants, according to a person with knowledge of the situation.“The prosecutors in my office are among the most talented and experienced in the Department of Justice,” he said. “They have investigated this case hewing to the highest ethical standards.”While much attention has centered on Mr. Smith, most of the day-to-day work on critical elements of the case has been done by several prosecutors known for their aggressive approaches.One of them is J.P. Cooney, the former leader of the public corruption division of the U.S. attorney’s office in Washington. Mr. Cooney has worked on several politically fraught trials and investigations that drew the ire of Republicans and Democrats alike.He unsuccessfully prosecuted two Democrats — Senator Robert Menendez of New Jersey and Greg Craig, a former White House counsel during the Obama administration — and investigated Andrew G. McCabe, the former F.B.I. deputy director, who was vilified by Mr. Trump for the bureau’s Russia investigation. (Mr. McCabe was never prosecuted.)More recently, Mr. Cooney oversaw the lawyers prosecuting Roger J. Stone Jr., a longtime political adviser to Mr. Trump. The lawyers quit in protest after the Justice Department under William P. Barr intervened in his sentencing. (Mr. Cooney was deeply upset by the intervention, but he said the case was “not the hill worth dying on” according to Aaron Zelinsky, a career prosecutor, who testified before the House Oversight Committee in 2020.)A second key player is Thomas P. Windom, who was brought in nearly a year before Mr. Smith’s appointment to coordinate the complicated Jan. 6 investigation that had once been seated in the U.S. attorney’s office in Washington.Mr. Smith had a stint as a war crimes prosecutor at The Hague, in the Netherlands.Pool photo by Peter DejongMr. Smith has relied on F.B.I. agents to perform investigative tasks, which is not uncommon for special counsels. But the F.B.I. is not walled off from Mr. Smith’s investigation, unlike the agents who were detailed to work for John H. Durham, a special counsel who investigated the origins of the F.B.I.’s Russia investigation.In a letter to House Republicans in June, Carlos F. Uriarte, the Justice Department’s legislative affairs director, disclosed that Mr. Smith employed about 26 special agents, with additional agents being brought on from “time to time” for specific tasks related to the investigations.Mr. Smith, unlike many previous special counsels, did not hire most of the staff: He inherited two existing Trump investigations and moved them from Justice Department headquarters to his new office across town. Some of the investigative legwork was also done by investigators with the U.S. Postal Inspection Service and agents with the Justice Department’s inspector general working alongside Mr. Windom at one point.He has, however, exerted direct control over both inquiries, trying to keep even the most quotidian information about his efforts away from the news media, and been present, if sotto voce, at the most critical moments.During Mr. Trump’s arraignment in Miami in June, Mr. Smith sat in the gallery, closely watching the proceedings. Some in the courtroom suggested he stared at Mr. Trump for much of the hearing, sizing him up.But that was not really the case. He listened intently to the lawyers on both sides, at times leaning in toward a colleague to make a whispered comment or ask a question.Alan Feuer More

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    New Trump Charges Highlight Long-Running Questions About Obstruction

    The accusation that former President Donald J. Trump wanted security camera footage deleted at Mar-a-Lago added to a pattern of concerns about his attempts to stymie prosecutors.When Robert S. Mueller III, the first special counsel to investigate Donald J. Trump, concluded his investigation into the ties between Mr. Trump’s 2016 campaign and Russia, his report raised questions about whether Mr. Trump had obstructed his inquiry.Justice Department officials and legal experts were divided about whether there was enough evidence to show Mr. Trump broke the law, and his attorney general — chosen in part because he was skeptical of the investigation — cleared him of wrongdoing.Four years after Mr. Mueller’s report was released, Jack Smith, the second special counsel to investigate Mr. Trump, added new charges on Thursday to an indictment over his handling of classified documents, setting out evidence of a particularly blatant act of obstruction.The indictment says that just days after the Justice Department demanded security footage from Mar-a-Lago, his residence and private club in Florida, Mr. Trump told the property manager there that he wanted security camera footage deleted. If proved, it would be a clearer example of criminality than what Mr. Mueller found, according to Andrew Goldstein, the lead investigator on Mr. Mueller’s obstruction investigation.“Demanding that evidence be destroyed is the most basic form of obstruction and is easy for a jury to understand,” said Mr. Goldstein, who is now a white-collar defense lawyer at the firm Cooley.“It is more straightforwardly criminal than the obstructive acts we detailed in the Mueller report,” he said. “And if proven, it makes it easier to show that Trump had criminal intent for the rest of the conduct described in the indictment.”The accusation about Mr. Trump’s desire to have evidence destroyed adds another chapter to what observers of his career say is a long pattern of gamesmanship on his part with prosecutors, regulators and others who have the ability to impose penalties on his conduct.And it demonstrates how Mr. Trump viewed the conclusion of the Mueller investigation as a vindication of his behavior, which became increasingly emboldened — particularly in regards to the Justice Department — throughout the rest of his presidency, a pattern that appears to have continued despite having lost the protections of the office when he was defeated in the election.In his memoir of his years in the White House, John R. Bolton, who served as Mr. Trump’s third national security adviser, described Mr. Trump’s approach as “obstruction as a way of life.”In the hours after the new charges became public, Mr. Trump, whose advisers have been blunt that he must win the election to overcome his legal challenges, highlighted the stakes for him of the 2024 election.He suggested in an interview with a right-wing news site that if he is elected, he will use the powers of the presidency to insulate himself from legal accountability on the documents case and the other inquiry being conducted by Mr. Smith into Mr. Trump’s efforts to retain power after his 2020 election loss.Jack Smith, the second special counsel to investigate Mr. Trump, added new charges on Thursday.Kenny Holston/The New York Times“I wouldn’t keep him,” Mr. Trump told Breitbart, the news site, in response to a question about whether he would fire Mr. Smith. “Jack Smith? Why would I keep him?”The new charges show how even in the face of Justice Department scrutiny into whether he still had classified documents in his possession, Mr. Trump has continued to try to find ways to upend its investigation.In June of last year, in the midst of its efforts to retrieve classified material Mr. Trump had taken from the White House upon leaving office, the Justice Department served a grand jury subpoena on Mr. Trump’s organization for surveillance footage from Mar-a-Lago that would show how boxes of the documents had been handled, especially around a storage room where many of them had been stashed.Shortly after the Trump Organization received the subpoena, the revised indictment said, the former president called Mar-a-Lago’s property manager and head of maintenance, Carlos De Oliveira. The two men spoke for 24 minutes, prosecutors say.Two days later, Mr. De Oliveira and another defendant in the case, Mr. Trump’s valet, Walt Nauta, “went to the security guard booth where surveillance video is displayed on monitors, walked with a flashlight through the tunnel where the storage room was located, and observed and pointed out surveillance cameras.”Days later, Mr. De Oliveira had a private conversation with the Mar-a-Lago employee in charge of the surveillance footage. The conversation was supposed to “remain between the two of them,” according to the charging document.Mr. De Oliveira told the employee that “‘the boss’ wanted the server deleted,” the indictment said.The employee in charge of the footage said “that he would not know how to do that, and that he did not believe that he would have the rights to do that.”But Mr. De Oliveira continued to push, asking, “What are we going to do?” (The Trump Organization ultimately turned over security footage, but, as The New York Times reported in May, investigators became suspicious about whether someone in Mr. Trump’s orbit tried to limit the amount of footage given to the government.)The indictment says that after the Justice Department demanded security footage from Mar-a-Lago, Mr. Trump told the property manager there that he wanted security camera footage deleted.Saul Martinez for The New York TimesThe updated indictment also demonstrates how Mr. Trump, in the aftermath of the search of Mar-a-Lago last August, turned to an issue that he obsessed about in the White House: loyalty.“Someone just wants to make sure Carlos is good,” the indictment quoted Mr. Nauta as saying about Mr. De Oliveira to another Trump employee.That employee told Mr. Nauta that Mr. De Oliveira was “loyal” and “would not do anything to affect his relationship with Mr. Trump.”Shortly after that exchange, Mr. Trump called Mr. De Oliveira and said that he would get him a lawyer, the indictment said. Legal fees for Mr. De Oliveira, Mr. Nauta and other Trump employees who have become witnesses or defendants in the documents case are being paid by a political action committee affiliated with Mr. Trump.Mr. Trump’s desire for loyalty echoed behavior that Mr. Mueller captured in his report, which laid out how Mr. Trump asked the former F.B.I. director, James B. Comey, for his loyalty just days after taking office. Mr. Comey continued to pursue an investigation into ties between Mr. Trump’s campaign and Russia and was fired in Mr. Trump’s fifth month in office. Mr. Mueller was appointed as special counsel in the aftermath of Mr. Comey’s dismissal.Mr. Mueller’s investigation ultimately identified nearly a dozen acts Mr. Trump took that could be seen as obstruction of justice. One of the most damning related to how Mr. Trump pressured his White House counsel, Donald F. McGahn II, to create a fake document rebutting statements he gave to Mr. Mueller’s office. Mr. McGahn refused to go along with what Mr. Trump wanted.Another example related to Mr. Trump’s powers as president. During Mr. Mueller’s investigation, several of his allies and associates — including Michael Flynn and Paul Manafort — were indicted by the Justice Department in cases that could have produced damaging testimony about Mr. Trump and his campaign. As the prosecutions of the men went forward, Mr. Trump publicly dangled the idea of issuing pardons. In the final weeks of Mr. Trump’s presidency, he pardoned them.The former special counsel Robert S. Mueller at a hearing in 2019. Mr. Mueller’s investigation identified nearly a dozen acts Mr. Trump took that could be seen as obstruction of justice.Doug Mills/The New York Times“There are all sorts of ways to obstruct an investigation, but not every one has an equal impact,” said Brandon Van Grack, a former prosecutor on Mr. Mueller’s team. “Hiding and lying are damaging, but prosecutors can often still get at the truth. Destruction is often looked at seriously because it’s permanent. It’s permanently deleting or destroying” evidence in the case.Steven Cheung, a spokesman for Mr. Trump, assailed the investigations into the former president’s conduct, saying “the weaponized justice system along with their Democrat allies have failed at every turn because they are on the wrong side of the facts. History will judge them harshly.”Over many decades before reaching the White House, Mr. Trump engaged in gamesmanship with prosecutors, regulators and officials who had authority in aspects of the industries in which he operated. He lived in a New York City where corruption touched aspects of the political and government establishments and the real-estate construction businesses, and he came to believe that everything could be worked out through some kind of deal, associates and former employees said.He courted officials who had prosecutorial jurisdiction in New York City, including Rudolph W. Giuliani, then the U.S. attorney in the Southern District of New York, and Robert Morgenthau, the district attorney in Manhattan. Faced with massive amounts of civil litigation, his impulse, former employees said, was to find lawyers who knew the judge.In April 2018, an aspect of the Russian investigation spun off into a separate one into Michael D. Cohen, a lawyer for the Trump Organization who also served as a fixer for Mr. Trump and knew many of his secrets. After Mr. Cohen’s hotel, apartment and office were searched by the F.B.I. that month, Mr. Trump called Mr. Cohen with a message: stay strong.He then predicted on Twitter that Mr. Cohen would never “flip” on him. Mr. Cohen eventually did provide prosecutors with information about Mr. Trump’s hush-money payments before the 2016 election to a porn star who said she had a sexual liaison with him. He later said that Mr. Trump spoke in “code” to avoid plainly communicating his desires.Mr. Bolton, Mr. Trump’s former national security adviser, wrote in his book, “The Room Where It Happened,” that Mr. Trump repeatedly sought to interfere with law enforcement and other official actions involving foreign leaders.During an investigation into Halkbank, a state-financed institution based in Turkey that was facing an investigation by U.S. officials for a scheme to evade sanctions on Iran, Mr. Trump told the country’s leader that he would “take care of things,” Mr. Bolton wrote.In a brief interview on Friday, Mr. Bolton pointed to a specific aspect of Mr. Trump’s view of how the rules apply to him: his use of government power for his personal and political benefit while in office.He cited Mr. Trump’s efforts to solicit damaging information about the Bidens from Ukraine as he withheld military aid to that country. “It shows as president he had fundamental difficulty distinguishing himself from the government,” Mr. Bolton said. “And it’s also why he couldn’t understand why government officials weren’t personally loyal to him.” More

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    Do You Know a Politically Motived Prosecution When You See One?

    As the criminal indictments of Donald Trump continue to pile up like boxes in a Mar-a-Lago bathroom, the former president’s defenders have settled on a response: They don’t claim their man is innocent of the scores of federal and state charges against him — a tough case to make under the circumstances. Instead they accuse the Biden administration and Democratic prosecutors of politicizing law enforcement and cooking up an insurance policy to protect President Biden, who trails Mr. Trump in some polls about a very possible 2024 rematch.“So what do they do now?” House Speaker Kevin McCarthy asked last week, after Mr. Trump announced that he had received a second target letter from the special counsel Jack Smith, this time over his role in the Jan. 6 attack. “Weaponize government to go after their No. 1 opponent.”Gov. Ron DeSantis, one of the few plausible Republican nominees besides Mr. Trump, warned that the government is “criminalizing political differences.”It’s not only about Mr. Trump; griping about politicized law enforcement has become a cottage industry on the right these days. No sooner did Republicans take back the House of Representatives than they formed a Select Subcommittee on the Weaponization of the Federal Government, which meets regularly to air grievances and grill witnesses about their supposed anti-conservative animus, including Christopher Wray, the (Trump-nominated) F.B.I. director.If you’re feeling bewildered by all the claims and counterclaims of politicization, you’re not alone. Take the F.B.I.’s probe of ties between Russia and the 2016 Trump campaign, which is still being hashed out in the halls of Congress seven years later: In February, Democratic lawmakers demanded an investigation of the investigators who investigated the investigators who were previously investigated for their investigation of a transnational plot to interfere in a presidential election. Got that?But even if the charge of politicized justice is levied by a bad-faith buffoon like Representative Jim Jordan of Ohio, the chairman of the weaponization subcommittee, it is a profoundly important one. There is no simple way to separate politics completely from law enforcement. The Justice Department will always be led by a political appointee, and most state and local prosecutors are elected. If Americans are going to have faith in the fairness of their justice system, every effort must be taken to assure the public that political motives are not infecting prosecutors’ charging decisions. That means extremely clear rules for investigators and prosecutors and eternal vigilance for the rest of us.At the same time, politically powerful people must be held to the same rules as everyone else, even if they happen to be of a different party from those investigating them. So how to distinguish an investigation or prosecution based solely on the facts from one motivated improperly by politics?Sometimes the investigators make it easy by just coming out and admitting that it’s really political. Mr. McCarthy did that in 2015, when he bragged on Fox News that the House Benghazi hearings had knocked a seemingly “unbeatable” Hillary Clinton down in the polls. More recently, James Comer of Kentucky, who heads the House committee that is relentlessly investigating Hunter Biden, made a similar argument about the effect of the committee’s work on President Biden’s political fortunes. (Mr. Comer tried to walk back his comment a day later.)More often, though, it takes some work to determine whether an investigation or prosecution is on the level.The key thing to remember is that even if the subject is a politically powerful person or the outcome of a trial could have a political impact, that doesn’t necessarily mean the action itself is political. To assume otherwise is to “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice, and at the same time you remove from the public the ability to impose any accountability for misconduct, which enables it to happen again.”In May, Protect Democracy published a very useful report, co-written by Ms. Parker, laying out several factors that help the public assess whether a prosecution is political.First, what is the case about? Is there straightforward evidence of criminal behavior by a politician? Have people who are not powerful politicians been prosecuted in the past for similar behavior?Second, what are top law-enforcement officials saying? Is the president respecting due process, or is he demanding investigations or prosecutions of specific people? Is he keeping his distance from the case, or is he publicly attacking prosecutors, judges and jurors? Is the attorney general staying quiet, or is he offering public opinions on the guilt of the accused?Third, is the Justice Department following its internal procedures and guidelines for walling off political interference? Most of these guidelines arose in the aftermath of the Watergate scandal, during which President Richard Nixon ordered the department to go after his political enemies and later obstructed the investigation into his own behavior. Until recently, the guidelines were observed by presidents and attorneys general of both parties.Finally, how have other institutions responded? Did judges and juries follow proper procedure in the case, and did they agree that the defendant was guilty? Did an agency’s inspector general find any wrongdoing by investigators or prosecutors?None of these factors are decisive by themselves. An investigation might take a novel legal approach; an honest case may still lose in court. But considering them together makes it easier to identify when law enforcement has been weaponized for political ends.To see how it works in practice, let’s take a closer look at two recent examples: first, the federal investigations into Mr. Trump’s withholding of classified documents and his attempts to overturn the 2020 election and, second, the investigation by John Durham into the F.B.I.’s Russia probe.In the first example, the Justice Department and the F.B.I., under Attorney General Merrick Garland, waited more than a year to pursue an investigation of Mr. Trump’s role in the Jan. 6 attack with any urgency — largely out of the fear that they would be seen as politically motivated.With a punctiliousness that has exasperated many liberals, Mr. Garland has kept his mouth shut about Mr. Smith’s prosecutions, except to say that the department would pursue anyone responsible for the Jan. 6 attack. Mr. Garland almost never mentions Mr. Trump by name. And Mr. Smith has been silent outside of the news conference he held last month to announce the charges in the documents case.In that case, Mr. Smith presented a tower of evidence that Mr. Trump violated multiple federal laws. There are also many examples of nonpowerful people — say, Reality Winner — who were prosecuted, convicted and sentenced to years in prison for leaking a single classified document. Mr. Trump kept dozens. Even a federal judge who was earlier accused of being too accommodating to Mr. Trump has effectively signaled the documents case is legitimate, setting a trial date for May and refusing the Trump team’s demand to delay it until after the 2024 election.In the Jan. 6 case, the government has already won convictions against hundreds of people for their roles in the Capitol attack, many involving some of the same laws identified in Mr. Smith’s latest target letter to Mr. Trump.“Prosecutors will hear all sorts of allegations that it’s all political, that it will damage the republic for all of history,” Ms. Parker, who previously worked as a federal prosecutor, told me. “But they have to charge through that if what they’ve got is a case that on the facts and law would be brought against anybody else.”President Biden’s behavior has been more of a mixed bag. He and his advisers are keen to advertise his disciplined silence about Mr. Trump’s legal travails. “I have never once — not one single time — suggested to the Justice Department what they should do or not do,” he said in June. Yet he has commented publicly and inappropriately on both investigations over the years.It’s impossible to justify these remarks, but it is possible to consider them in light of the other factors above and to decide that Mr. Smith’s investigations are not infected with a political motive.Contrast that with the investigation by John Durham, the federal prosecutor appointed by Mr. Trump’s attorney general Bill Barr in 2019 to investigate the origins of the F.B.I.’s Trump-Russia probe.Even before it began, the Durham investigation was suffused with clear political bias. Mr. Trump had repeatedly attacked the F.B.I. over its handling of the Russia probe and called for an investigation, breaching the traditional separation between the White House and the Justice Department. Mr. Barr had also spoken publicly in ways that seemed to prejudge the outcome of any investigation and inserted himself into an investigation focused on absolving Mr. Trump of wrongdoing.Not every investigation or prosecution will offer such clear-cut evidence of the presence or absence of political motivations. But as with everything relating to Mr. Trump, one generally doesn’t have to look far to find his pursuit of vengeance; he has taken to describing himself as the “retribution” of his followers. If he wins, he has promised to obliterate the Justice Department’s independence from the presidency and “go after” Mr. Biden and “the entire Biden crime family.”For the moment, at least, Mr. Trump is not the prosecutor but the prosecuted. And there should be no fear of pursuing the cases against him — especially those pertaining to his attempts to overturn his loss in 2020 — wherever they lead.“If we can’t bring those kinds of cases just because the person is politically powerful, how do we say we have a democracy?” asked Ms. Parker. “Because in that case we have people who are above the law, and they are so far above the law that they can destroy the central feature of democracy, which is elections, in which the people choose their leaders.”Source photograph by pepifoto, via Getty Images.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More