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      Trump Lawyer Resigns From Defense Team in Special Counsel Inquiries

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      Timothy Parlatore, who has been defending the former president in the investigations into classified documents and Jan. 6, is leaving as federal prosecutors appear to be nearing decisions about bringing charges.Timothy Parlatore, one of the lawyers representing former President Donald J. Trump in the federal investigations into Mr. Trump’s handling of classified documents and his efforts to overturn the 2020 election, has resigned from the former president’s legal team.In a brief interview on Wednesday, Mr. Parlatore declined to discuss the specific reasons for his departure, but said it was not related to the merits of either inquiry — both of which are being led by a special counsel, Jack Smith. Mr. Parlatore said that he informed Mr. Trump of his decision directly and that he left the legal team on good terms with the former president.His departure was reported earlier by CNN.Mr. Parlatore’s withdrawal from the twin special counsel cases leaves Mr. Trump a lawyer short at a moment when prosecutors under Mr. Smith seem to be nearing the end of their sprawling grand jury investigations and may be approaching a decision about whether to bring charges.Two other lawyers — James Trusty and John Rowley — will for now continue to take the lead in representing Mr. Trump in both of the cases.Mr. Parlatore informed Mr. Trump’s team on Monday that he anticipated withdrawing, according to a person familiar with the events.Since last summer and until recently, Mr. Parlatore played a key role in Mr. Trump’s attempts to use attorney-client and executive privilege to limit the scope of the testimony provided by a series of witnesses who appeared in front of grand juries hearing evidence in both of the matters.Over and over in sealed filings and at closed-door hearings, Mr. Parlatore and his colleagues sought to assert privilege on behalf of Mr. Trump in the hopes of narrowing testimony from top Trump aides like Mark Meadows, the former chief of staff, and former Vice President Mike Pence. But their efforts were almost completely unsuccessful.At one point, Mr. Parlatore himself was subpoenaed to appear in front of the grand jury investigating the documents case. During his appearance, he answered questions about efforts made by Mr. Trump’s legal team to comply with a subpoena issued by the Justice Department last May demanding the return of all classified material in the former president’s possession.Among the things that Mr. Parlatore said he discussed with the grand jury were searches — ordered by a judge in response to a push from the Justice Department — that he oversaw at the end of last year of several properties belonging to Mr. Trump, including Trump Tower in New York; Mr. Trump’s golf club in Bedminster, N.J.; and a storage site in West Palm Beach, Fla. During the search of the storage site, investigators found at least two more documents with classified markings.Those searches followed a search in August of Mar-a-Lago, Mr. Trump’s private club and residence in Florida, by the F.B.I., which led to the discovery of more than 100 classified documents that had not been returned in response to the earlier subpoena.Mr. Parlatore was brought on to the legal team by Boris Epshteyn, who had been serving as something of an in-house counsel, hiring and negotiating contracts for lawyers. Mr. Epshteyn has shown a penchant for delivering sunny news to Mr. Trump despite bad circumstances, and for creating a bottleneck for the lawyers in dealing with the client, according to several people familiar with the events.Last month, Mr. Parlatore wrote a letter to Congress asking lawmakers for help in taking the documents investigation away from prosecutors and giving it to the intelligence community — a move that, among other things, would have removed the threat of a criminal indictment against Mr. Trump.The letter also seemed to preview some of Mr. Trump’s potential defenses in the documents case, noting that during his chaotic departure from the White House, aides “quickly packed everything into boxes and shipped them to Florida.” This hasty process, Mr. Parlatore argued, suggested that “White House institutional processes,” not “intentional decisions by President Trump,” were responsible for sensitive material being hauled away.Last week, Mr. Trump appeared to undercut those assertions on live television, declaring at a CNN town hall event that he knowingly removed government records from the White House and claiming that he was allowed to take anything he wanted with him as his personal property.“I took the documents,” he said at the event. “I’m allowed to.” More

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      Prosecutors in Jan. 6 Case Step up Inquiry Into Trump Fund-Raising

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      The Justice Department has been gathering evidence about whether the former president and his allies solicited donations with claims of election fraud they knew to be false.As they investigate former President Donald J. Trump’s efforts to overturn the 2020 election, federal prosecutors have also been drilling down on whether Mr. Trump and a range of political aides knew that he had lost the race but still raised money off claims that they were fighting widespread fraud in the vote results, according to three people familiar with the matter.Led by the special counsel Jack Smith, prosecutors are trying to determine whether Mr. Trump and his aides violated federal wire fraud statutes as they raised as much as $250 million through a political action committee by saying they needed the money to fight to reverse election fraud even though they had been told repeatedly that there was no evidence to back up those fraud claims.The prosecutors are looking at the inner workings of the committee, Save America PAC, and at the Trump campaign’s efforts to prove its baseless case that Mr. Trump had been cheated out of victory.In the past several months, prosecutors have issued multiple batches of subpoenas in a wide-ranging effort to understand Save America, which was set up shortly after the election as Mr. Trump’s main fund-raising entity. An initial round of subpoenas, which started going out before Mr. Trump declared his candidacy in the 2024 race and Mr. Smith was appointed by Attorney General Merrick B. Garland in November, focused on various Republican officials and vendors that had received payments from Save America.But more recently, investigators have homed in on the activities of a joint fund-raising committee made up of staff members from the 2020 Trump campaign and the Republican National Committee, among others. Some of the subpoenas have sought documents from around Election Day 2020 up the present.Prosecutors have been heavily focused on details of the campaign’s finances, spending and fund-raising, such as who was approving email solicitations that were blasted out to lists of possible small donors and what they knew about the truth of the fraud claims, according to the people familiar with their work. All three areas overlap, and could inform prosecutors’ thinking about whether to proceed with charges in an investigation in which witnesses are still being interviewed.The possibility that the fund-raising efforts might have been criminally fraudulent was first raised last year by the House select committee investigating Mr. Trump’s efforts to retain power.But the Justice Department, with its ability to bring criminal charges, has been able to prompt more extensive cooperation from a number of witnesses. And prosecutors have developed more information than the House committee did, having targeted communications between Trump campaign aides and other Republican officials to determine if a barrage of fund-raising solicitations sent out after the election were knowingly misleading, according to the three people familiar with the matter.The fund-raising efforts are just one focus of Mr. Smith’s investigation into Mr. Trump’s attempts to reverse his loss at the polls.Led by the special counsel Jack Smith, prosecutors are trying to determine whether Mr. Trump and his aides violated federal wire fraud statutes.Peter Dejong/Associated PressProsecutors have also been examining the plan to assemble alternate slates of pro-Trump electors from swing states won by Joseph R. Biden Jr., and the broader push by Mr. Trump to block or delay congressional certification of Mr. Biden’s Electoral College victory on Jan. 6, 2021, leading to the storming of the Capitol by Trump supporters.On Thursday, former Vice President Mike Pence, a key witness to Mr. Trump’s efforts, testified for hours to the grand jury gathering evidence in the investigation.Prosecutors have been looking at the nexus between research the Trump campaign commissioned almost immediately after the election to try to prove widespread fraud, public statements that he and his allies made at the time, the fund-raising efforts and the establishment of Save America.The Washington Post reported earlier on the efforts by the campaign to fund research into claims of fraud and the new round of subpoenas.Mr. Trump’s team may argue that the fund-raising represented political speech with solicitations that were generally vague, and that subjecting it to a criminal process could raise First Amendment issues and create a slippery slope for future candidates. Political fund-raising materials often engage in bombast or exaggeration.Republicans may also argue that Democrats have been loose in claims they have used in fund-raising solicitations. And the Trump campaign may argue that it did in fact use the funds to try to investigate fraud.Jason Miller, an adviser to Mr. Trump who worked on the 2020 campaign, said that the “Deep State is ramping up their attacks on President Trump” as his poll numbers have increased. “The ‘political police’ have been pushing their witch hunt since President Trump came down the escalator, and they’ve been proven wrong every single time,” he added.Officials with the Republican National Committee declined to comment.Immediately after the election, an adviser to the Trump campaign reached out to Ken Block, the owner of a Rhode Island-based firm, Simpatico Software Systems, to have him evaluate specific allegations of fraud.Jason Miller, a former top Trump aide, appearing on a screen last year during a hearing of the House committee investigating the Capitol riot. Doug Mills/The New York TimesMr. Block ended up researching multiple claims of possible fraud that Mr. Trump’s aides brought to him. He never produced a final report. But each time he investigated a claim, he said in an interview, he found there was nothing to it.Mr. Block said he had disproved “everything that came in and found no substantive fraud sufficient to overturn an election result.” He said he was isolated from what was taking place within the campaign, as Mr. Trump railed at aides about staying in office and continued to insist he had won an election that he was repeatedly told he had lost.“I was kept very walled off from all of the insanity,” said Mr. Block, whose firm was paid $735,000, records show. He received a subpoena for documents, but declined in the interview to discuss anything related to the grand jury.Days after starting to work with Mr. Block and Simpatico, the Trump campaign hired a second firm, the Berkeley Research Group. The federal grand jury has received evidence that Berkeley was hired at the suggestion of Jared Kushner, Mr. Trump’s son-in-law, who was overseeing the political operation.The grand jury has been asking questions related to whether Mr. Trump was briefed on findings by Berkeley suggesting there had been no widespread fraud.The company ultimately submitted a report indicating there had been no fraud that would have changed the outcome of the election, and was paid roughly $600,000 for its work. The company was hired through a law firm that has long represented Mr. Trump in his personal capacity, Kasowitz Benson Torres, although lawyers there were not involved in pursuing Mr. Trump’s election fraud claims, according to a person briefed on the matter.A deputy counsel for Berkeley Research Group said the company has a “no comment” policy and declined to discuss the matter further.During the House Jan. 6 committee’s proceedings last year, several people close to Mr. Trump testified that they had informed him that there had been no fraud sufficient to change the outcome of the voting.Within two weeks of the election, the Trump campaign’s own communications staff drafted an internal report debunking many aspects of a conspiracy theory that voting machines made by Dominion Voting Systems had been hacked and used to flip votes away from Mr. Trump. That report was written before pro-Trump lawyers like Sidney Powell and Rudolph W. Giuliani promoted the false Dominion story at news conferences and on television.As part of its investigation into the Trump campaign’s postelection fund-raising, the Jan. 6 panel subpoenaed records from Salesforce.com, a vendor that helped the campaign and the Republican National Committee send emails to potential donors. The R.N.C. fought back, filing a lawsuit to quash the subpoena, and the House committee ultimately withdrew it.In the latest round of subpoenas, federal prosecutors have sought documents related to Salesforce in addition to other vendors, according to a person briefed on the matter. More

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      Trump Can’t Stop Pence From Testifying to Jan. 6 Grand Jury, Court Rules

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      The ruling by an appeals court paved the way for the former vice president to appear before a federal grand jury as early as this week.A federal appeals court rejected on Wednesday night an emergency attempt by former President Donald J. Trump to stop former Vice President Mike Pence from testifying in front of a grand jury investigating Mr. Trump’s efforts to overturn the 2020 election.The 11th-hour ruling by the U.S. Court of Appeals for the District of Columbia paved the way for Mr. Pence to appear before the federal grand jury as early as this week.Mr. Pence has always been a potentially important witness in the inquiry because of conversations he took part in at the White House in the weeks leading up to the attack on the Capitol on Jan. 6, 2021. During that time, Mr. Trump repeatedly pressed Mr. Pence to use his ceremonial role overseeing the congressional count of Electoral College votes to block or delay certification of his defeat.Prosecutors have been trying to get Mr. Pence to talk about Mr. Trump’s demands for several months — first in requests by the Justice Department for an interview and then through a grand jury subpoena issued by the special counsel Jack Smith, who inherited the inquiry into Mr. Trump’s attempts to stay in power.Last month, in a pair of sealed rulings, Judge James E. Boasberg, the chief judge of Federal District Court in Washington, ordered Mr. Pence to appear before the grand jury, striking down two separate challenges that would have kept him from answering certain questions.In one of those challenges, Mr. Pence sought on his own to limit his testimony by arguing that his role as the president of the Senate on Jan. 6, when Mr. Trump’s defeat was certified by Congress, meant he was protected from legal scrutiny by the executive branch — including the Justice Department. That argument was based on the “speech or debate” clause of the Constitution, which is intended to protect the separation of powers.Judge Boasberg ruled that while Mr. Pence could claim some protections against testimony under the clause, he would have to answer questions about any potentially illegal acts committed by Mr. Trump. This month, Mr. Pence announced that he did not intend to appeal the decision.Two weeks ago, Mr. Trump’s lawyers took the opposite path, asking the appeals court to reverse Judge Boasberg’s ruling on their own attempts to narrow the scope of the questions Mr. Pence would have to answer. Mr. Trump’s legal team based its arguments on the concept of executive privilege, which protects certain communications between the president and some members of his administration.The appeals court’s sealed ruling on Wednesday night came in response to an emergency request — it was also sealed — to temporarily stop Mr. Pence from answering questions in front of the grand jury as the broader appeal is being considered.When Mr. Pence ends up testifying, it will mark a significant turning point in the monthslong behind-the-scenes battle waged by Mr. Trump and several witnesses close to him to block the disclosure of details about plans to overturn the election. More

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      Witness Testimony Helps Prosecutors Advance Trump Election Case

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      The Justice Department’s success in compelling top aides to former President Donald Trump to testify to a grand jury moves the special counsel closer to a decision on seeking indictments.Without fanfare, the Justice Department’s investigation into former President Donald J. Trump’s attempts to overturn the 2020 election is approaching an important milestone.After nearly nine months of behind-the-scenes clashes, Mr. Trump’s lawyers have largely lost their battle to limit testimony from some of his closest aides to a federal grand jury. The decisions, in a string of related cases, represent an almost total failure by Mr. Trump to constrain the reach of the inquiry and have strengthened the position of Jack Smith, the special counsel overseeing the investigation, as he builds an accounting of the former president’s efforts to retain power after his defeat at the polls.Having lost their challenges to grand jury subpoenas and largely failed to limit the scope of their testimony with assertions of executive and attorney-client privilege, a last group of aides is now being forced to answer questions.On Tuesday, it was Stephen Miller, an adviser and top speechwriter for Mr. Trump, who showed up in Federal District Court in Washington and spent several hours in front of the grand jury. On Thursday, it was John Ratcliffe, the former director of national intelligence. The process could culminate near the end of this month with an appearance by former Vice President Mike Pence.While questions linger over pending appeals and potential efforts by some of the witnesses to delay things further by invoking the Fifth Amendment, the developments suggest that Mr. Smith is close to finishing the fact-finding phase of his work and is moving closer to a decision about seeking charges against Mr. Trump and others.There are no clear indications about when Mr. Smith might decide about charges in the case, but he faces pressure on several fronts to keep the process moving.The political season could be a consideration: The 2024 presidential race is heating up, with Mr. Trump still regarded as the front-runner for the Republican nomination, and the first debate of the G.O.P. primary season has been scheduled for August.On the legal front, the looming decision by a district attorney in Georgia, Fani T. Willis, on whether to seek indictment of Mr. Trump on charges related to his efforts to overturn his election loss has placed added pressure on Mr. Smith, who must decide whether allowing another prosecutor to go first with similar charges could complicate any prosecution he pursues.Former Vice President Mike Pence may testify before a grand jury by the end of this month.Winnie Au for The New York Times“The speed of the Georgia state investigation increases the pressure on Jack Smith to move with alacrity and to get his witnesses before the federal grand jury now,” said John P. Fishwick Jr., an Obama appointee who served as the U.S. attorney for the Western District of Virginia from 2015 to 2017. “Once the state indictment comes down, it can really bog down the D.O.J. investigation.”Among those who have worked with him, Mr. Smith is seen as a diligent manager bent on collecting the information needed to make a decision while remaining cognizant of the time pressures and the highly partisan atmosphere in which he is operating.In his first and only public comments — a statement emailed to reporters shortly after his appointment in November — he vowed that the pace of his Trump investigations would “not pause or flag,” noting that he would “move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”Mr. Smith is also overseeing the parallel investigation into Mr. Trump’s handling of classified information after leaving office and whether the former president obstructed government efforts to reclaim the materials..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Attorney General Merrick B. Garland, who will ultimately make the decision on whether to indict Mr. Trump, has told associates that he will not overrule Mr. Smith’s judgment, whatever it turns out to be, unless he believes the special counsel has deviated from departmental standards and procedures.Mr. Garland, and his top deputy Lisa O. Monaco, have publicly projected an air of detachment from the case, but they have been following developments in the privilege fights that have been playing out in the federal courthouse that sits just a few blocks from their office. They have been receiving regular briefings from aides who are getting updates from members of Mr. Smith’s team, according to two people familiar with the situation.The legal battles over privilege began well before Mr. Smith was appointed to the special counsel post and have pitted two powerful forces against each other.Jack Smith has been leading the inquiry since his appointment in November.Pool photo by Peter DejongIn the course of the investigation into Mr. Trump’s efforts to overturn the election, federal prosecutors have subpoenaed an army of Mr. Trump’s former aides in an effort to have the grand jury hear as many firsthand accounts as possible of his behavior in the White House in the days leading up to the attack on the Capitol on Jan. 6, 2021.Mr. Trump’s lawyers have countered by asserting that any adviser close to the former president should not have to answer certain questions in front of the grand jury because of attorney-client privilege, which protects communications between lawyers and those they represent, and executive privilege, which shields some communications between the president and members of his administration.Among the first people to engage in this debate were Marc Short and Greg Jacob, two of Mr. Pence’s top aides, who went into the grand jury in July and asserted privilege in response to certain questions, prompting prosecutors to file motions compelling their full testimony. Setting a pattern for the months that followed, Mr. Trump’s lawyers fought those motions but ultimately lost their case in front of Beryl A. Howell, then the chief federal judge in Washington, and subsequently in front of a federal appeals court.With the privilege waived, Mr. Short and Mr. Jacob testified for a second time in October. They were followed two months later by Pat A. Cipollone and Patrick F. Philbin, the two top lawyers in Mr. Trump’s White House, who went through the same process.The fight dragged on into this year as another round of aides — including Mr. Miller; Dan Scavino, a onetime deputy chief of staff; and Mr. Scavino’s boss, Mark Meadows, Mr. Trump’s final chief of staff — all tried, and failed, to assert forms of privileges. The last skirmish took place just a couple of weeks ago when a new chief judge, James E. Boasberg, turned down efforts to limit Mr. Pence’s testimony.While getting these witnesses in front of the grand jury has been challenging and time consuming, the accounts they have given — or will eventually give — are only a fraction of the total body of evidence that Mr. Smith and his predecessors have gathered.Well before Mr. Smith arrived, another prosecutor, Thomas P. Windom, obtained grand jury testimony from pro-Trump figures like Ali Alexander, who organized several prominent “Stop the Steal” events, and from a wide array of state officials involved in a plan to create fake slates of pro-Trump electors in swing states that were actually won by President Biden.Mr. Windom, who now works with Mr. Smith, also oversaw the seizure of phones from lawyers close to Mr. Trump, including John Eastman, Jeffrey Clark and Boris Epshteyn. Mike Roman, a campaign strategist who was the director of Election Day operations for the Trump campaign in 2020, also had his phone seized under Mr. Windom’s watch.Other prosecutors who now work with the special counsel began an inquiry before Mr. Smith arrived into Save America PAC, a fund-raising operation that Mr. Trump created after his loss in the election. As part of that investigation, dozens of subpoenas have been issued to companies that have received money from the PAC, including some law firms.Danny Hakim More

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      Trump Appeals Decision Forcing Pence to Testify to Jan. 6 Grand Jury

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      The appeal seeks to narrow the scope of testimony that former Vice President Mike Pence can provide the grand jury investigating former President Donald Trump’s efforts to stay in power.Lawyers for former President Donald J. Trump asked a federal appeals court on Monday to narrow the scope of the testimony that former Vice President Mike Pence has to give a grand jury investigating Mr. Trump’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.The request to the U.S. Court of Appeals for the District of Columbia to reverse a lower court’s decision ordering Mr. Pence to testify was the latest attempt by Mr. Trump’s legal team to keep witnesses close to him from divulging information to prosecutors in the office of the special counsel, Jack Smith.Mr. Pence has always been a potentially important witness in the election inquiry into Mr. Trump because of the conversations he took part in at the White House in the weeks preceding the attack on the Capitol on Jan. 6, 2021. During that time, Mr. Trump repeatedly pressed him to use his ceremonial role overseeing the congressional count of Electoral College votes to block or delay certification of his defeat.Prosecutors have been trying to get Mr. Pence to talk about Mr. Trump’s demands for months — first in requests by the Justice Department for an interview and then through a grand jury subpoena issued by Mr. Smith, who inherited the inquiry into Mr. Trump’s attempts to stay in power.Should Mr. Pence end up testifying, it would be a turning point in a monthslong behind-the-scenes battle waged by Mr. Trump and several witnesses close to him to block the disclosure of details about plans to overturn the election..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Last month, in a pair of sealed rulings, Judge James E. Boasberg, the chief judge of Federal District Court in Washington, ordered Mr. Pence to appear before the grand jury, striking down two separate challenges that would have kept Mr. Pence from answering certain questions.In one of those challenges, Mr. Pence sought to limit his testimony by arguing that his role as the president of the Senate on Jan. 6, when Mr. Trump’s defeat was certified by Congress, meant he was protected from legal scrutiny by the executive branch — including the Justice Department. That argument was based on the “speech or debate” clause of the Constitution, which is intended to protect the separation of powers.Judge Boasberg ruled that while Mr. Pence could claim some protections against testimony under the “speech or debate” clause, he would have to answer questions about any potentially illegal acts committed by Mr. Trump. Last week, Mr. Pence announced that he did not intend to appeal the decision.Mr. Trump’s lawyers have now taken the opposite path, asking the appeals court to reverse Judge Boasberg’s ruling on their own attempts to narrow the scope of the questions that Mr. Pence would have to answer. Mr. Trump’s team based its arguments on the concept of executive privilege, which protects certain communications between the president and some members of his administration.Like all matters involving the grand jury, Mr. Trump’s lawyers filed their appeal under seal. A coalition of news media organizations has asked Judge Boasberg to unseal some of the proceedings, though he has not yet made a decision in the case.Since last summer, Mr. Trump’s lawyers have repeatedly — and unsuccessfully — asked judges to keep information from the grand jury by asserting both executive privilege and attorney-client privilege for an array of witnesses. The witnesses have included some of Mr. Pence’s chief aides, two of the top lawyers in the White House and advisers to Mr. Trump like Mark Meadows, his former chief of staff. More

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      Georgia Trump Investigation Poses Challenges for Federal Prosecutors

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      The concurrent investigations create complications for separate teams relying on similar evidence, some of the same criminal targets and a small, shared pool of witnesses.WASHINGTON — The Fulton County district attorney’s investigation into former President Donald J. Trump’s effort to overturn the 2020 election in Georgia is nearing a decision point, posing fresh challenges for federal prosecutors considering charging him in connection with the Jan. 6, 2021, attack on the Capitol.The long-running investigation by Fani T. Willis in Atlanta substantially overlaps with the broader inquiry into Mr. Trump’s conduct by the special counsel, Jack Smith, in Washington. Both rely on similar documentary evidence, some of the same criminal targets and a small, shared pool of witnesses with knowledge of the former president’s actions and intent.Mr. Trump’s critics believe the concurrent investigations provide assurance that the former president and architects of the scheme to install fake electors in battleground states, including Rudolph W. Giuliani and John C. Eastman, will be held to account.But they also create complications for two aggressive investigative teams pursuing some of the same witnesses, increasing the possibility of discrepancies in testimony that Mr. Trump’s lawyers could exploit. Ms. Willis and her team have a head start, having begun their work in February 2021, and are expected to seek indictments early next month. That raises the pressure on Mr. Smith, who has pledged to work quickly, to move even faster, according to current and former prosecutors.The investigation by the Fulton County district attorney, Fani T. Willis, overlaps with the broader inquiry into Mr. Trump’s conduct by the special counsel, Jack Smith, in Washington.Audra Melton for The New York Times“Normally, the lead federal prosecutor just picks up the phone and tries to work it out with the local prosecutor, but it’s obviously a lot more difficult in a case of this magnitude,” said Channing D. Phillips, who served as acting United States attorney for the District of Columbia from March to November 2021. “The stakes of not working things out are incredibly high.”The investigative efforts are by no means the same. Mr. Smith’s purview extends into other areas, most notably the investigation into whether Mr. Trump mishandled classified documents that were found at his Mar-a-Lago estate after he left office.The federal investigation into Jan. 6 focuses on several charges, according to two law enforcement officials: wire fraud for emails sent between those pushing the false electors scheme; mail fraud for sending the names of electors to the National Archives and Records Administration; and conspiracy, which covers the coordination effort. (A fourth possible charge, obstruction of an official proceeding before Congress, has been used in many cases brought against participants in the Capitol attack.)And some of Ms. Willis’s work has been more parochial in nature, including a review of false statements that Trump allies like Mr. Giuliani made at state legislative hearings in December 2020.Justice Department officials said the indictment of Mr. Trump by the Manhattan district attorney, Alvin L. Bragg, over a hush money payment to a porn star will have little effect on their investigations. Federal prosecutors in Manhattan passed on bringing a similar case.But the Georgia investigation is entirely different. The Justice Department has no authority to order local prosecutors to step aside in areas where the investigations do overlap, unless their investigations conflict with federal law. In fact, internal department rules discourage indicting the subjects of prior state prosecutions.Moreover, there is “no formal rule book” for settling jurisdictional questions or for deciding the chronological sequence of prosecutions, and disputes are usually hashed out informally, as they arise, on an ad hoc basis, said Preet Bharara, a former U.S. attorney for the Southern District of New York.Local and federal prosecutors routinely work together to coordinate charging decisions based on which jurisdiction offers better chances of conviction or a stiffer sentence. But in many high-profile cases, prosecutors view dueling investigations as a nuisance or even a hazard.Witnesses, even forthright ones, sometimes offer different accounts when interviewed by lawyers representing different offices. Differences between state and federal laws can lead to damaging conflicts over strategy and priorities. Then there is what is known as “witness fatigue,” when important players simply grow tired or uncooperative after running gantlets of government inquisitors.Fulton County prosecutors are conducting a wide-ranging investigation that includes calls made by Mr. Trump to exert pressure on state officials and efforts by the former president and his allies to replace legitimate electors in Georgia with pro-Trump alternates. Last year, Ms. Willis’s office sought to interview two key figures who had served in the Justice Department: Richard Donoghue, the acting deputy attorney general in the waning days of the Trump administration, and Jeffrey Clark, an assistant attorney general who led the department’s environmental division.Shortly after Mr. Trump left office, it emerged that Mr. Clark had tried to circumvent the department’s leaders and aid Mr. Trump’s efforts to stay in power. He even drafted a letter that was to have been sent to lawmakers in Georgia falsely claiming that the Justice Department had “identified significant concerns” that would affect the state’s election results and urging lawmakers to convene a special session.Mr. Donoghue was alarmed when he saw the draft, according to testimony he provided to the House committee that investigated the Jan. 6 attack.Aides to Ms. Willis filed what are known as Touhy requests, named after a 1951 Supreme Court case. Under the rule, local prosecutors are required to get authorization from the Justice Department to question its current or former employees. But the requests were ultimately rejected.It is not clear why the department rejected the requests. But both men were at the center of an investigation into Mr. Clark’s conduct by the Justice Department’s inspector general that was subsequently handed off to Mr. Smith’s team.A spokesman for Mr. Smith declined to comment.The possibility of an indictment in the Georgia investigation next month raises the pressure on the special counsel, Jack Smith, to move even faster, according to current and former prosecutors.Peter Dejong/Associated PressFulton County prosecutors also declined to comment. The forewoman of an Atlanta special grand jury that issued an advisory report in January, which has remained largely under seal, appeared to hint in an interview this year that it had recommended that Mr. Trump be indicted.The Atlanta case has put additional pressure on Mr. Smith. Justice Department officials have said they wanted to make charging decisions in the spring or summer, before the 2024 election kicks into high gear — which raises the question of whether Mr. Smith will try to bring charges before Ms. Willis does.“Looking at this as a federal prosecutor, I would just want to go first,” said Joyce Vance, a University of Alabama law professor who served as the U.S. attorney in Birmingham from 2009 to 2017. “I don’t want to have to try my case after it’s already been brought in a state court. You really want to go first to avoid problems with witnesses, and other technical or legal problems.”If Ms. Willis moves first, Mr. Smith’s team would have to obtain department approval to waive an internal rule that precludes “multiple prosecutions and punishments for substantially the same act(s).”Demonstrators rallying for Mr. Trump near his Mar-a-Lago estate this week.Hilary Swift for The New York TimesThat is not considered a high bar, however. Mr. Smith would simply have to show that the state case did not completely cover all the issues addressed in a federal case. It is believed that exemption was recently used to obtain a hate crimes conviction against three men who murdered Ahmaud Arbery, a young Black man who was jogging through their neighborhood.John P. Fishwick Jr., a former U.S. attorney for the Western District of Virginia, said he often requested that local prosecutors step aside when he thought their investigations conflicted with his. He suggested that Mr. Smith could at least consider asking Ms. Willis to do the same.“D.O.J. and state prosecutors do not play well in the same sandbox, but at the end of the day, if it gets into a tug of war, D.O.J. is usually going to win,” he said. “The federal government just has more power as far as compelling witnesses, more power to assign people to a case and more oomph, in general.”While prosecutors should clear up disputes over access to witnesses and documents, it is vital that the two efforts be seen as independent and fact-driven and not a “witch hunt,” as Mr. Trump has described all of the investigations into him, former Justice Department officials say.“I don’t think they would coordinate on things like timing or language of the charges or anything like that — although that wouldn’t be illegal,” said Mary McCord, a former top official in the department’s national security division who is now a visiting professor at Georgetown University Law Center.“But the goal here is avoid any appearance that they are coordinating prosecutions for political purposes,” added Ms. McCord.Glenn Thrush More

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      Former Trump Officials Must Testify in 2020 Election Inquiry, Judge Says

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      The ruling paves the way for testimony from Mark Meadows and others. Separately, a Trump lawyer appeared before a grand jury looking into the former president’s handling of classified documents.A federal judge has ruled that a number of former officials from President Donald J. Trump’s administration — including his former chief of staff, Mark Meadows — cannot invoke executive privilege to avoid testifying to a grand jury investigating Mr. Trump’s efforts to overturn the 2020 election.The recent ruling by Judge Beryl A. Howell paves the way for the former White House officials to answer questions from federal prosecutors, according to two people briefed on the matter.Judge Howell ruled on the matter in a closed-door proceeding in her role as chief judge of the Federal District Court in Washington, a job in which she oversaw the grand juries taking testimony in the Justice Department’s investigations into Mr. Trump. Judge Howell’s term as chief judge ended last week.The existence of the sealed ruling was first reported by ABC News.Mr. Trump’s lawyers had tried to rebuff the grand jury subpoenas issued to more than a half-dozen former administration officials in connection with the former president’s efforts to remain in office after his defeat at the polls. The lawyers argued that Mr. Trump’s interactions with the officials would be covered by executive privilege.Prosecutors are likely to be especially eager to hear from Mr. Meadows, who refused to be interviewed by the House select committee that investigated the Jan. 6, 2021, attack on the Capitol. Mr. Meadows was a central player in various efforts to help Mr. Trump reverse the election outcome in a number of contested states.Before he stopped cooperating with the committee, Mr. Meadows provided House investigators with thousands of text messages that gave them a road map of events and people to interview. He has also appeared before a fact-finding grand jury in Fulton County, Ga., investigating the efforts to overturn the election, according to the grand jury’s forewoman, who described him as not very forthcoming.Mr. Meadows’s lawyer, George Terwilliger, did not respond to a phone call on Friday seeking comment.Other officials whose grand jury testimony Judge Howell compelled in her order vary in significance to the investigation, and in seniority. They include John McEntee, who served as Mr. Trump’s personnel chief and personal aide; Nick Luna, another personal aide; Robert C. O’Brien, who was national security adviser; Dan Scavino, who was a deputy chief of staff and social media director in the White House; John Ratcliffe, the director of national intelligence; Stephen Miller, Mr. Trump’s speechwriter and adviser; and Ken Cuccinelli, who served as acting deputy secretary of homeland security.Word of the ruling came as the Justice Department pressed ahead in its parallel investigation into Mr. Trump’s handling of classified documents after leaving office and whether he obstructed the government’s efforts to reclaim them. The twin federal investigations are being led by Jack Smith, the special counsel who was appointed after Mr. Trump announced his latest candidacy in November.In the documents case, one of the central witnesses, M. Evan Corcoran, a lawyer who represented Mr. Trump in the inquiry, appeared before a grand jury on Friday after both Judge Howell and a federal appeals court in Washington rejected his attempts to avoid answering questions by asserting attorney-client privilege on behalf of Mr. Trump, according to two people familiar with the matter..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.In making her ruling last week to force Mr. Corcoran to testify, Judge Howell upheld the government’s request to invoke the crime-fraud exception, a provision of the law that allows prosecutors to work around attorney-client privilege if they have reason to believe that legal advice or services were used to further a crime. The judge also said that Mr. Corcoran would have to turn over some documents related to his representation of Mr. Trump.Judge Howell’s order exposed the continuing legal peril confronting Mr. Trump, as it noted that Mr. Smith’s team had made “a prima facie showing that the former president committed criminal violations,” according to people familiar with the decision.Her order made clear that prosecutors have questions not just about what Mr. Trump told Mr. Corcoran as he prepared to respond to a grand jury subpoena seeking any remaining classified material in Mr. Trump’s possession, but who else may have influenced what Mr. Corcoran told Justice Department officials, according to people familiar with the ruling.In December, another lawyer for Mr. Trump, Timothy Parlatore, also appeared in front of the grand jury, to answer questions about a subpoena prosecutors had issued in May seeking all classified material in the possession of the custodian of records for Mr. Trump’s presidential office.Mr. Parlatore said on Friday that he had gone in front of the grand jury because at that point Mr. Trump’s office no longer had a custodian of records. He also said that he had been involved in several efforts to comply with the subpoena in the weeks and months after the F.B.I., acting on a search warrant in August, hauled away hundreds of classified documents from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.Among the things that Mr. Parlatore said he discussed with the grand jury were additional searches he oversaw at the end of last year, of other properties belonging to Mr. Trump, including Trump Tower in New York; Mr. Trump’s golf club in Bedminster, N.J.; and a storage site in West Palm Beach, Fla.During the search of the storage site, investigators found at least two more documents with classified markings.During his grand jury testimony, Mr. Parlatore said he also mentioned an empty folder bearing the words “classified evening summary” that had remained on Mr. Trump’s bedroom night stand even after the F.B.I.’s search of Mar-a-Lago.He said prosecutors immediately drew up a subpoena for the folder, demanding its return.“The D.O.J. is continuously stepping far outside the standard norms in attempting to destroy the long-accepted, long-held, constitutionally based standards of attorney-client privilege and executive privilege,” a Trump spokesman said in a statement, saying the cases are political and that “there is no factual or legal basis or substance to any case against President Trump.”Prosecutors in Mr. Smith’s office have also been pressing forward with seeking grand jury testimony in a separate investigation into Mr. Trump’s handling of classified documents after he left office. 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      Dissecting Charges That Could Arise From the Trump Investigations

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      Prosecutors in New York, Georgia and the Justice Department face complex choices about what crimes to charge if they decide to indict Donald Trump.WASHINGTON — Prosecutors like to say that they investigate crimes, not people. The looming decision by the Manhattan district attorney about whether to indict former President Donald J. Trump on charges related to an alleged hush money payment to a porn actress is highlighting the complexity of the legal calculations being made by prosecutors in New York, Georgia and the Justice Department as they examine Mr. Trump’s conduct on a number of fronts.The investigations — which also focus on Mr. Trump’s efforts to cling to power after the 2020 election and his handling of classified documents after leaving office — are confronting prosecutors with tough choices. They must decide whether and how to charge not just Mr. Trump, but also associates who could face jeopardy for actions to which he was not a direct party, like mail or wire fraud for communications that he did not participate in.The publicly known understanding of the evidence is incomplete. It is not clear, for example, in several instances what facts investigators have been able to gather about Mr. Trump’s personal knowledge, directions and intentions related to several of the matters.Here is a look at some of the criminal laws that different prosecutors appear to be weighing and how they might apply to Mr. Trump’s actions.Stormy Daniels was paid $130,000.Markus Schreiber/Associated PressThe Stormy Daniels Hush Money PaymentOverviewAlvin L. Bragg, the Manhattan district attorney, appears to be nearing a decision about whether to charge Mr. Trump with a crime related to his $130,000 hush money payment just before the 2016 election to the pornographic film actress Stormy Daniels, who has said they had an extramarital affair. Michael D. Cohen, Mr. Trump’s former lawyer and fixer, sent the money to Ms. Daniels, and the Trump Organization reimbursed him over the course of 2017, according to a 2018 federal court filing in Mr. Cohen’s case. Mr. Trump’s business concealed the true purpose of the payments, the filing said, by recording them as having been for a legal retainer that did not exist.Potential charge: Bookkeeping fraudThe New York Times has reported that the case may include a potential charge of falsifying business records under Article 175 of the New York Penal Law. A conviction for a felony version of bookkeeping fraud carries a sentence of up to four years.To prove that Mr. Trump committed that offense, prosecutors would seemingly need evidence showing that he had knowingly caused subordinates to make a false entry in his company’s records “with intent to defraud.” For the action to be a felony rather than a misdemeanor, prosecutors would also need to show that Mr. Trump falsified the business records with the intention of committing, aiding or concealing a second crime.The public understanding of Mr. Bragg’s theory of the case remains murky and incomplete. The district attorney’s office has reportedly weighed invoking alleged campaign-finance violations as that intended second crime, which could raise complications. Among other things, presidential elections are governed by federal law, and it is not clear whether Mr. Bragg has found a theory by which a state campaign law covered Mr. Trump’s actions, or if a state prosecutor can cite a law over which he lacks jurisdiction. It remains possible that Mr. Bragg has obtained nonpublic evidence of some other intended offense, like if there was any initial intention to deduct the payments as a business expense on state tax returns.Bookkeeping fraud has a two-year statute of limitations as a misdemeanor and a five-year one as a felony, both of which would normally have expired for payments made to Mr. Cohen in 2017. But New York law extends those limits to cover periods when a defendant was continuously out of state, as when Mr. Trump was while living in the White House or at his home in Florida. In addition, during the pandemic, New York’s statute of limitations was extended by more than a year.Mr. Trump has claimed — without evidence — that he declassified all the files taken to Mar-a-Lago.Saul Martinez for The New York TimesThe Mar-a-Lago DocumentsOverviewJack Smith, a special counsel for the federal Justice Department, is investigating matters related to Mr. Trump’s handling of several hundred documents marked as classified that he kept at his Florida club and home, Mar-a-Lago, after leaving office, and how Mr. Trump resisted efforts by the government to retrieve all of those files. After the Justice Department obtained a subpoena for all remaining files marked as classified, a lawyer for Mr. Trump, M. Evan Corcoran, turned over some while helping to draft a statement falsely saying those were all that remained. In August, the F.B.I. executed a search warrant and found 103 more, including in Mr. Trump’s desk.Prosecutors last week persuaded a federal judge that Mr. Corcoran should be compelled to answer more questions from a grand jury investigating the documents matter, notwithstanding attorney-client privilege. That means the judge agreed with prosecutors that the situation met the threshold for an exception for lawyer communications or work that apparently helped further a crime.Potential charge: Unauthorized retention of national security documentsOne of the charges the F.B.I. listed in its affidavit for the Mar-a-Lago search warrant was Section 793(e) of Title 18, a provision of the Espionage Act. Prosecutors would have to show that Mr. Trump knew he was still in possession of the documents after leaving the White House and failed to comply when the government asked him to return them and then subpoenaed him. The theoretical penalty is up to 10 years per such document.Prosecutors would also have to show that the documents related to the national defense, that they were closely held and that their disclosure could harm the United States or aid a foreign adversary. Although Mr. Trump has claimed — without evidence — that he declassified all the files taken to Mar-a-Lago, prosecutors would not need to prove that they were still classified because the Espionage Act predates the classification system and does not refer to it as an element..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Potential charge: ObstructionAnother charge in the F.B.I. affidavit was Section 1519 of Title 18, which makes it a crime to conceal records to obstruct an official effort. Prosecutors would need to show that Mr. Trump knew he still had files that were responsive to the National Archives’ efforts to take custody of presidential records and the Justice Department’s subpoena for files marked as classified, and that he intentionally caused his subordinates to fail to turn them all over while leading officials to believe they had complied. The penalty is up to 20 years per offense.Potential charge: Mishandling official documentsA third charge in the affidavit was Section 2071 of Title 18, which criminalizes the concealment or destruction of official documents, whether or not they were related to national security. Among other things, former aides to Mr. Trump have recounted how he sometimes ripped up official documents, and the National Archives has said that some of the Trump White House paper records transferred to it had been torn up — some of which were taped back together and some of which were not reconstructed. The penalty is up to three years per offense plus a ban on holding federal office, although the latter is most likely unconstitutional, legal experts say.Potential charge: Contempt of courtSection 402 of Title 18 makes it a crime to willfully disobey a court order, like the grand jury subpoena Mr. Trump received in May 2022 requiring him to turn over all documents with classification markings remaining in his possession. It carries a penalty of a fine of up to $1,000 and up to six months in prison. To bring this charge, prosecutors would need evidence showing he knew that he was still holding onto other files with classification markings during and after his representatives purported to comply with the subpoena.Potential charge: Conspiracy to make a false statementSection 1001 of Title 18 makes it a crime to make a false statement to a law enforcement officer about a fact material to the officer’s investigation, and Section 371 makes it a crime to conspire with another person to break that or any other law. It carries a penalty of up to five years. Prosecutors would need to be able to show that Mr. Trump and Mr. Corcoran knew and agreed that the lawyer should lie to the Justice Department about there being no further documents responsive to the subpoena.Ballots being recounted in Atlanta, which is part of Fulton County, in 2020.Nicole Craine for The New York TimesThe Georgia Election Law InvestigationOverviewFani T. Willis, the district attorney for Fulton County, Ga., is investigating events related to Mr. Trump’s attempts to overturn President Biden’s narrow victory in that state in the 2020 election. Among other things, in a phone call that was recorded and leaked, Mr. Trump called Georgia’s secretary of state, Brad Raffensperger, and pressured him to “find” enough additional votes for him to flip the outcome.Ms. Willis is also investigating Trump associates’ efforts to get 16 of his supporters to falsely declare themselves to be an alternative slate of electors from Georgia, which helped lay the groundwork for Mr. Trump’s push to get Vice President Mike Pence to reject the true results when Congress met to certify the election on Jan. 6, 2021.Potential charges: Election code violationsMost elections offenses in Georgia’s code are misdemeanors, but there are several felony charges that Ms. Willis may be considering, based on the same basic set of facts. These include Section 21-2-603, which makes it a crime to conspire with another person to violate a provision of the election code, and Section 21-2-604, which makes it a crime to solicit another person to commit election fraud.To bring such a charge against Mr. Trump, prosecutors would need to cite another election law whose violation was his alleged goal. It is possible, for example, that they might be considering contending that Mr. Trump’s pushing Mr. Raffensperger to “find” additional votes amounted to implicitly asking him to violate a provision that makes it a felony for the secretary of state to alter official election records, but Mr. Trump’s language was not explicit.Potential charge: RacketeeringMs. Willis has indicated that she is considering bringing charges under Georgia’s Racketeer Influenced and Corrupt Organizations Act. So-called RICO laws are tools that were developed to make it easier to go after organized criminal enterprises, and can be used against members of any group that engaged in a pattern of criminal activities with a common purpose. A conviction would carry a maximum penalty of 20 years in prison.To convict Mr. Trump under Georgia’s RICO law, Section 16-14-4, prosecutors would need to show that as part of his efforts with associates to overturn Georgia’s election results, he conspired with others or engaged in two or more offenses from a list of several dozen offenses, most of which are violent crimes but which include things like solicitation, forgery and making materially false statements to state officials.The House Jan. 6 committee made a criminal referral of Mr. Trump and others to the Justice Department.Haiyun Jiang/The New York TimesThe 2020 Election and Jan. 6OverviewMr. Smith, the special counsel, is also conducting a broader federal investigation into Mr. Trump’s attempt to overturn the 2020 election results and the events of Jan. 6. The House committee that carried out the investigation into the riot last year made a criminal referral of Mr. Trump and others to the Justice Department. While that was of largely symbolic value — the department already had an investigation open and Congress has no authority to prosecute — the analysis in the panel’s final report sets out possible charges that Mr. Smith could also consider.Potential charge: Obstruction of an official proceedingOne criminal accusation the Jan. 6 committee leveled against Mr. Trump was the attempted corrupt obstruction of an official proceeding, under Section 1512(c) of Title 18. It is punishable by up to 20 years in prison. Prosecutors have used this law to charge about 300 ordinary Jan. 6 defendants — people who rioted — and an appeals court is currently weighing whether that charge has been appropriately applied in those cases. But even if the judiciary upholds use of the charge, such a case against Mr. Trump would be very different since he did not physically participate in the riot.The Jan. 6 committee argued that he could be charged with it based on two sets of actions. First, it argued that his summoning of supporters to Washington and urging them to march on the Capitol and “fight like hell” violated that law. Mr. Trump’s defense team would surely seek to raise doubt about whether he intended for his supporters to riot, including because he also told them to protest “peacefully.”Second, the committee portrayed as criminal obstruction the scheme to recruit so-called fake electors from various states and pressuring Mr. Pence to cite their existence as a basis to delay certifying the election. The panel stressed how Mr. Trump had been told that there was no truth to his claims of a stolen election, which it said proved his intentions were corrupt. Among other things, Mr. Trump’s defense team would surely argue that because a lawyer, John Eastman, advised him to take those steps, there is no proof he understood that doing so was illegal.Potential charge: Conspiracy to defraud the United StatesA second criminal accusation leveled by the Jan. 6 committee was Section 371 of Title 18, which makes it a crime, punishable by up to five years in prison, to conspire with another person to defraud the government. The panel cited an array of evidence about Mr. Trump’s interactions with various lawyers and aides in pursuit of his effort to prevent the certification of Mr. Biden’s electoral victory. The committee also argued that prosecutors could prove Mr. Trump intended to be deceitful via evidence that he was repeatedly told that his allegations of widespread voter fraud were baseless.Potential charge: Conspiracy to make a false statementThe Jan. 6 committee highlighted the efforts to submit slates of fake electors to Congress and to the National Archives. As with other such potential charges, a key challenge for prosecutors would be proving Mr. Trump’s intentions and understanding beyond a reasonable doubt.Potential charge: InsurrectionThe committee also pointed to Section 2383 of Title 18, which makes it a crime to incite, assist or “aid and comfort” an insurrection against the authority and laws of the federal government. The panel emphasized in particular how Mr. Trump refused for hours to take steps to call off the rioters despite being implored by aides to do so, and an inflammatory tweet he sent about Mr. Pence in the midst of the violence.While the committee said the events of Jan. 6 met the standard for an insurrection, it is notable that prosecutors have not accused any of the Jan. 6 defendants to date of that offense — even those they charged with seditious conspiracy. More