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      Republicans Wanted a Special Counsel Investigation of Hunter Biden. Now Many Oppose It.

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      Although some G.O.P. lawmakers see the appointment of David C. Weiss as a vindication of their strategy, others criticize the now-scuttled plea deal he struck with Mr. Biden.Congressional Republicans have for months repeatedly written to Attorney General Merrick B. Garland demanding he appoint a special counsel to investigate Hunter Biden, the president’s son, over his business dealings.Some even demanded that a specific man be named to lead the inquiry: David C. Weiss, the Trump-appointed Delaware U.S. attorney who has long investigated the case.But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage. “David Weiss can’t be trusted and this is just a new way to whitewash the Biden family’s corruption,” Republicans on the House Judiciary Committee wrote on X, the social media platform formerly known as Twitter.The reaction was a notable political development, one that underscored both how Mr. Weiss, a Republican, has fallen in conservative circles, and how deeply it has become ingrained in the G.O.P. to oppose the Justice Department at every turn.“The reality is this appointment is meant to distract from, and slow down, our investigations,” said Representative Jason Smith, Republican of Missouri and chairman of Ways and Means, one of three congressional committees looking into the Biden family’s finances.But in interviews, away from social media and television appearances, the reaction of many Republicans to Mr. Weiss’s appointment was more nuanced. Privately, some in the G.O.P. were chalking up the development as a victory.The party had worked for years to elevate the Hunter Biden case — which Democrats have long dismissed as a partisan obsession of the right — to a scandal equivalent to those dogging former President Donald J. Trump, who has faced two impeachment trials, two special counsel investigations and three indictments totaling 78 felony counts against him. Those indictments include charges of conspiracy to defraud the United States and willfully retaining national defense information after he left office.By contrast, Hunter Biden has thus far been accused of two misdemeanor crimes stemming from his failure to pay taxes on more than $1.5 million in income related to his overseas business deals, and one felony count of illegally possessing a firearm while being a drug user.After leaving his job as a lobbyist while his father was running to become vice president more than a decade ago, Hunter Biden, a Yale-educated lawyer, and partners entered into a series of international business relationships, often with firms seeking influence and access within the United States. Mr. Biden was paid handsomely, even as he descended into drug addiction, and Republicans have accused him and his family of corruption. But they have not produced evidence that any of the overseas money went to President Biden or that the president influenced U.S. policy to benefit his son’s business partners.“This appointment is meant to distract from, and slow down, our investigations,” said Representative Jason Smith, Republican of Missouri and chairman of the House Ways and Means Committee, which is looking into the Biden family’s finances.Brendan Smialowski/Agence France-Presse — Getty ImagesEven as they objected to Mr. Weiss, some Republicans said the appointment appeared to be an acknowledgment that the allegations they had made deserved a serious investigation. It promised to keep Hunter Biden’s misdeeds in the news — and in the courts — for longer than Democrats would like as the 2024 presidential election heats up. And it ensured that in the minds of some voters the names Trump and Biden would both be linked to scandal, even if Republicans have not proved any wrongdoing by the current president.In an interview with Newsmax, a top Trump adviser, Jason Miller, appeared to echo both sentiments, and foreshadowed coming attacks.Mr. Miller said the appointment of Mr. Weiss “stinks” and accused the prosecutor of sitting on his hands for years. But, he added, ”I do want to make sure that my Republican brethren” don’t ”lose sight of the big prize here.”He described the appointment of a special counsel as “a direct acknowledgment that Hunter Biden did something wrong,” and he recalled President Biden saying in a 2020 debate with Mr. Trump that he had not done anything wrong.Since Mr. Weiss announced a proposed plea deal in June with Mr. Biden — an agreement that would have allowed him to avoid jail time on tax and gun charges but has since fallen apart — Republicans in Congress have sharply criticized the government, accusing the Justice Department of leniency with the president’s son as they conduct their own investigations in an effort to tie his overseas business dealings to the president. House Republicans have also brought forth two I.R.S. agents who worked on Mr. Weiss’s investigation and claimed there had been political interference.One allegation made by the I.R.S. agents was that Mr. Weiss had sought to bring charges against Hunter Biden in Washington and California but had been rebuffed by prosecutors in those jurisdictions who declined to partner with him. The order appointing Mr. Weiss to special counsel authorizes him to bring charges in any jurisdiction.Alyssa DaCunha, a co-chair of the congressional investigations practice at the law firm WilmerHale, said she believed House Republicans’ investigations and their criticisms of the proposed plea deal had “caught the attention” of the Justice Department.“There’s a real need to make sure that whatever charging decisions are made are very, very well supported and the department can really stand behind them,” Ms. DaCunha said. “It seems like this will extend the life of the investigation, and so there are lots of ways in which this is going to complicate the narrative for Democrats moving forward and give the Republicans lots of leverage.”Some House Republicans close to Mr. Trump acknowledged they were pleased with the announcement of the special counsel. For Mr. Trump, in particular, it provided him with the investigation he has long desired to be able to depict the Biden family as corrupt, even as Hunter Biden’s alleged crimes are significantly less severe than the charges Mr. Trump is facing.Mr. Trump’s statement did not suggest that he viewed the appointment of a special counsel as a bad development, merely that it had come late, something his advisers also argued in private.Hunter Biden’s plea deal on tax and gun charges fell apart in court last month.Kenny Holston/The New York TimesMike Pence, the former vice president who is now running against Mr. Trump, was among the few well-known Republicans to openly praise Mr. Weiss’s appointment.But other Republicans were worried the development could be used to block their investigations. Mr. Weiss had pledged to testify on Capitol Hill this fall, but those Republicans predicted he could now cite the special counsel investigation to refuse to do so.The announcement also gives President Biden and Mr. Garland some political cover against Republican accusations that Mr. Trump is a victim of a two-tier system of justice, placing the investigation outside the normal workings of the Justice Department. It could also undercut Republican arguments that an impeachment inquiry of the president is necessary.“In the near term, it gives Republicans the ability to say it legitimizes what they’ve been looking into and it helps give more momentum to their different oversight activities,” said Michael Ricci, a former top communications official to two Republican House speakers and a current fellow at Georgetown University’s Institute of Politics and Public Service. “But in the longer term, the White House will absolutely use this as an argument against any kind of rush into impeachment.”Several Republicans said their respect for Mr. Weiss had declined after he entered into the plea deal with Hunter Biden.Senator Chuck Grassley, Republican of Iowa, who had once called for Mr. Weiss to be made special counsel, said he no longer stands by that belief. “Given the underhanded plea deal negotiated by the U.S. attorney from President Biden’s home state, it’s clear Mr. Weiss isn’t the right person for the job,” Mr. Grassley said.Senator Charles E. Grassley, Republican of Iowa, had once called for Mr. Weiss to be made special counsel but said the plea deal changed his mind. Kenny Holston/The New York TimesBut Democrat-aligned groups saw something else in the Republicans’ about-face: disingenuousness.“House Republicans’ opposition to Trump appointee David Weiss’s appointment as special counsel is nothing more than another political stunt,” said Kyle Herrig, the director of the Congressional Integrity Project, an advocacy group that defends President Biden from congressional investigations. “After months of calling for this, their dismay makes clear that they will stop at nothing to weaponize Congress to interfere with an ongoing investigation and harm Joe Biden.” More

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      Where’s the Vicuña Outrage?

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      Three men walk into a courtroom, as August heats up.WASHINGTON — For a quiet summer Friday, there was quite a cacophony. Donald Trump crashing around. Clarence Thomas cashing in. Hunter Biden spinning out.News about these men rocked the capital. Yet there is something inevitable, even ancient, about the chaos enveloping them. Fatal flaws. Mythic obsessions. Greed. Revenge. Daddy issues. Maybe a touch of Cain and Abel.It’s all there, part of a murky cloud reaching from the E. Barrett Prettyman United States Court House to the Supreme Court to the Justice Department to the White House.On Thursday, ProPublica dropped a scalding piece about the abominable behavior of Clarence Thomas, following up on its revelations about Harlan Crow paying for Thomas’s luxury trips, his mother’s house in Georgia and private school tuition for his grandnephew. This one is headlined: “The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel.”In the old days, there was shame attached to selling your office. There was a single word that encapsulated such an outrage: vicuña. President Dwight Eisenhower’s chief of staff, Sherman Adams, accepted a vicuña coat from a Boston textile manufacturer doing business with the federal government. He lost his job and scarred his reputation.Now Thomas sneers at the law by failing to disclose gifts from billionaires eager to gain influence. (The gifts also benefited his wife, Ginni Thomas, who tried to help Trump overthrow the government.)ProPublica told the ka-ching: “At least 38 destination vacations … 26 private jet flights … a dozen V.I.P. passes to professional and college sporting events … two stays at luxury resorts … and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.”Thomas is abiding by the adage that living well is the best revenge. He never got over the humiliation of the Anita Hill hearings, even though his allies smeared Hill as he lied his way to Senate confirmation. (Thanks, Joe Biden!) He came out of it feeling angry and vindictive. He got on the court, muscling past questions about his legal abilities and ethical compass by pushing the story that he was a guy who worked his way up from poverty.The justice polished that just-folks image over the years by going on R.V. vacations with his wife to escape the “meanness” of Washington. But as The Times reported last weekend, the $267,230 Prevost Le Mirage XL Marathon R.V., which Thomas told friends he had scrimped and saved to afford, was actually underwritten by Anthony Welters, a friend who made a bundle in health care.Thomas is ruining the court’s image and, with the help of other uber-conservatives, he’s undoing our social constructs, causing many Americans to rebel.At a hearing Friday, the federal judge overseeing the case against Trump for conspiring to purloin Biden’s election victory made a brisk start. “The fact that he is running a political campaign has to yield to the administration of justice,” Judge Tanya Chutkan informed Trump’s lawyers. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”This will be tough for Trump because, as David Axelrod says, “the sense that he is being tried for political reasons is the essence of his campaign.”The judge warned Trump’s lawyers, “To the extent your client wants to make statements on the internet, they have to always yield to witness security and witness safety,” adding, “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”Trump was warped by a father who told him, You’re either a killer or a loser. He couldn’t tolerate losing in 2020 so he concocted a scheme to become a killer — of democracy.Trump reminds me of fairy-tale figures — like Midas or the ballerina in “The Red Shoes,” a movie drawn from a fairy tale — who crave something so badly, they follow it down a destructive path. Trump refused to let go of the spotlight. He wanted all the attention and now it’s going to crush him.Like Thomas, Trump is driven by revenge. We shouldn’t hand power to people whose main motive is doing bad stuff to other people.A few blocks from Judge Chutkan’s courthouse, Merrick Garland emerged Friday with an announcement that surprised the White House — he was elevating the Hunter Biden prosecutor to a special counsel.This ratchets up the White House family drama. Beau was the ballast for the Bidens. Now he is his father’s hero, which is bound to make the troubled Hunter feel like a zero.Joe Biden should have reined in Hunter when he began living off his dad’s positions and connections. But the president, who lost two kids and nearly lost this one, is clearly paralyzed when it comes to Hunter.With Hunter likely going on trial, and the 2024 race underway, it will be harder for the president to argue that Trump is the one with all the legal and ethical albatrosses.Hunter is staining his father’s campaign, as Thomas is smearing the Roberts court, as Trump is dragging down the G.O.P.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Democrats Dismiss Worries Over Hunter Biden Investigation

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      After a setback for President Biden, Democrats pointed to Donald Trump’s indictments and suggested that swing voters would ultimately not care about the sins of a candidate’s son.For President Biden and his party, the appointment of a special counsel on Friday in the investigation into Hunter Biden was hardly a welcome development. A blossoming criminal inquiry focused on the president’s son is a high-risk proposition that comes with the dangers of an election-year trial and investigations that could balloon beyond the tax and gun charges the younger Mr. Biden already faces.Yet many Democrats were sanguine about a dark moment in a summer of cautiously bright news for their president. In interviews, more than a dozen Democratic officials, operatives and pollsters said Hunter Biden’s legal problems were less worrisome than their other concerns about the president: his age, his low approval ratings and Americans’ lack of confidence in an improving economy.Part of their sense of calm stems from a version of the what-aboutism often adopted by Republicans since Donald J. Trump’s rise: Mr. Biden’s son is under investigation, Democrats say, but across the aisle, the G.O.P. front-runner has actually been criminally indicted — three times.“I find it hard to imagine that anyone concerned about political corruption would turn to Donald Trump to address the problem of political corruption,” said Representative Jamie Raskin of Maryland, the top Democrat on the House Oversight Committee, which has been investigating Hunter Biden since Republicans took control of the chamber.Democrats cited an array of reasons for whistling past the announcement that David C. Weiss, the Delaware prosecutor first appointed by the Trump administration in 2018 to investigate Hunter Biden, would be elevated to a special counsel. Mr. Weiss has examined both Mr. Biden’s business and personal life, including his foreign dealings, his drug use and his finances; a deal to plead guilty to two tax misdemeanors and accept a diversion program to dismiss an unlawful gun possession charge has fallen apart.Polling, Democrats noted, has suggested that swing voters aren’t attuned to the various Hunter Biden controversies. Recent elections, including the Ohio referendum this past week, have shown that the abortion rights issue is powering Democratic victories. And Democrats believe ne’er-do-well family members do not cause transitive harm to relatives who are running for president.“There are plenty of things that keep Democrats up at night when it comes to 2024, and this is not one of them,” said Matt Bennett, a co-founder of Third Way, a centrist Democratic organization. “Billy Carter is not the reason that Ronald Reagan won 49 states in 1980.”Just as they did after Mr. Trump’s three indictments, the White House, the Biden campaign and the Democratic National Committee on Friday appeared to undertake a collective vow of silence about the special counsel’s appointment. Far more of the president’s allies declined to discuss the Hunter Biden news — or would do so only carefully off the record — than were willing to talk about the situation openly.David C. Weiss, a federal prosecutor who is already investigating Hunter Biden, has been elevated to special counsel status.Suchat Pederson/The News Journal, via Associated PressThe Biden campaign canceled a scheduled Friday afternoon appearance on MSNBC for its campaign manager, Julie Chávez Rodríguez, after the special counsel announcement to avoid facing a litany of questions about the president’s son, according to two people familiar with the scheduling.The White House, and more recently the Biden campaign, have long treaded carefully around questions about the president’s son. Matt Barreto, who conducts polling for Mr. Biden, said Hunter Biden had not been a concern in focus groups.“I haven’t seen polling, and I have not been asked to do polling, on that,” Mr. Barreto said about the younger Mr. Biden’s travails. “Americans are totally focused right now on who is going to improve their economic output.”In late June, a poll from Reuters/Ipsos found that 58 percent of Americans said Hunter Biden’s proposed plea agreement would have no impact on the likelihood of their voting for the elder Mr. Biden in 2024. The survey found that 51 percent of Americans believed Hunter Biden’s legal troubles were unrelated to President Biden’s job performance.How much a trial of Hunter Biden would damage his father’s presidential campaign is unclear, given that Mr. Trump — the 2024 Republican presidential front-runner — is already facing three potential trials and the prospect of another indictment in Georgia. Court proceedings that implicated the elder Mr. Biden or required his testimony would serve as a major distraction for his campaign, but there has not been any legitimate suggestion that he engaged in wrongdoing himself.Sarah Longwell, a Republican consultant who conducts regular focus groups, said that voters who had supported Mr. Trump in 2016 and 2020 often brought up Hunter Biden on their own in response to questions about Mr. Trump’s indictments. But swing voters, or those who cast ballots for Mr. Trump the first time but not the second, had more empathy, she said, and tended to say that concerns about Hunter Biden did not apply to the president.“The dominant position of swing voters has been, the Hunter Biden stuff is family, personal,” Ms. Longwell said. “We asked a swing-voting group about Hunter, and they were saying things like, ‘Every family has someone like this, a black sheep.’”The lonely Democratic voice warning that the Hunter Biden question will hurt Mr. Biden and Democrats at the polls next November is Representative Dean Phillips of Minnesota, who in recent weeks has been on a media tour calling for an intraparty challenge to Mr. Biden.Mr. Phillips said the special counsel news was “exactly my entire rationale for the call to action” for a Biden challenger. Mr. Biden isn’t corrupt, Mr. Phillips said, but he added that the facts of the case mattered far less than the nuggets of information people received about it.“It’s not about the truth, it’s not about the facts — it’s about how people feel, and people feel concerned,” Mr. Phillips said. “It’s gone from a distraction and ridiculous to ‘Oh wow, maybe something is there.’”Most Democrats, however, are convinced that voters are more focused on other things.“I haven’t gotten one call about this other than from reporters,” said Donna Brazile, a former Democratic National Committee chairwoman. “There’s nothing that I believe is going to change the conversation.”For others, knowing that Mr. Biden has already defeated Mr. Trump once serves as a salve against concerns that Hunter Biden could derail the 2024 campaign. Much of the stress that was on constant display after Mr. Trump’s 2016 victory over Hillary Clinton has dissipated following the party’s successes in the last three national elections.“I just don’t see the source of anxiety that this might have caused a few years ago,” said Representative Gerry Connolly of Virginia. More

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      Collapse of Hunter Biden Plea Deal Could Be a Liability for the President

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      The collapse of a plea deal and the appointment of a special counsel to investigate Hunter Biden mean the president could face political fallout for months to come.They thought it was over, that they could put it in the rearview mirror. All that Hunter Biden had to do was show up in a courtroom, answer a few questions, sign some paperwork and that would be it. Not that the Republicans would let it go, but any real danger would be past.Except that it did not work out that way. The criminal investigation that President Biden’s advisers believed was all but done has instead been given new life with the collapse of the plea agreement and the appointment of a special counsel who now might bring the president’s son to trial.What had been a painful but relatively contained political scandal that animated mainly partisans on the right could now extend for months just as the president is gearing up for his re-election campaign. This time, the questions about Hunter Biden’s conduct may be harder for the White House to dismiss as politically motivated. They may even break out of the conservative echo chamber to the general public, which has largely not paid much attention until now.It remained unclear whether Hunter Biden faces criminal exposure beyond the tax and gun charges lodged against him by David C. Weiss, the prosecutor first appointed in 2018 to investigate him by President Donald J. Trump’s attorney general. It may be that Attorney General Merrick B. Garland’s decision to designate Mr. Weiss a special counsel with more independence to run the inquiry means that there is still more potential legal peril stemming from Hunter Biden’s business dealings with foreign firms.Yet it may amount to less than meets the eye in the long run. Mr. Weiss’s announcement abandoning the plea agreement he originally reached with Hunter Biden on the tax and gun charges means he could take the case to trial in states other than Delaware, where he is U.S. attorney and has jurisdiction. Some analysts speculated that requesting special counsel status may be about empowering him to prosecute out of state.“Friday’s announcement feels more like a technicality allowing Weiss to bring charges outside of Delaware now that the talks between sides have broken down,” said Anthony Coley, who until recently served as the Justice Department’s director of public affairs under Mr. Garland. “It will have limited practical impact.”Even if so, a trial by a jury of Hunter Biden’s peers would be a spectacle that could prove distracting and embarrassing for the White House while providing more fodder to the president’s Republicans. The president’s advisers were frustrated as a result and resigned to months of additional torment, even if they were not alarmed by the prospect of a wider investigation.“After five years of probing Hunter’s dealings, it seems unlikely that Weiss will discover much that is new,” said David Axelrod, who was a senior adviser to President Barack Obama. “On the other hand, anything that draws more attention to Hunter’s case and extends the story into the campaign year is certainly unwelcome news for the president’s team.”As it happened, Mr. Garland’s appointment of Mr. Weiss as special counsel did not solve part of the problem it was meant to address. A special counsel designation is intended to insulate an investigation from politics, but the attorney general’s decision still drew fire from Republicans who derided the choice of Mr. Weiss because he had signed off on the original plea agreement, which they had described as a “sweetheart deal.”Never mind that Mr. Weiss was a Trump administration appointee whom the Biden administration kept on to show that it was not attempting to tilt the case in favor of the president’s son. Since Mr. Trump and his allies did not like the apparent outcome of the investigation, some have painted Mr. Weiss as a lackey of the Biden administration and have showcased whistle-blowers who said the prosecutor had been hamstrung even though he insisted he was not.“This move by Attorney General Garland is part of the Justice Department’s efforts to attempt a Biden family cover-up,” said Representative James R. Comer of Kentucky, the Republican chairman of the House Oversight and Accountability Committee who has led congressional investigations into the president’s son.Such attacks also serve the purpose of discrediting Mr. Weiss in advance if in the end he does not confirm their unsubstantiated charges of corruption against the Biden family. Testimony and news accounts have indicated that Hunter Biden traded on his name to make money and a former business partner has said that his father was aware. But no evidence has emerged that the president personally profited from or used his power to benefit his son’s business interests.Still, other Republicans said the party should welcome the appointment of Mr. Weiss as special counsel. There would be no need for one if there was nothing to investigate, they argued, and it was Mr. Biden’s own attorney general now saying there was a need.“It shows that there is more than just smoke,” said Douglas Heye, a longtime Republican strategist. “It makes it impossible to define this now as simply a House Republican or MAGA thing. This has to be covered differently now. And as we’ve learned from other special counsel investigations, where a special counsel starts is not necessarily where it ends up.”For the White House, the attorney general’s Friday afternoon announcement was an unpleasant surprise, a head-snapping reversal from just seven weeks ago, when the president’s team thought it had turned a corner with Hunter Biden’s agreement with Mr. Weiss to plead guilty to two tax misdemeanors and accept a diversion program to dismiss an unlawful gun possession charge.The Biden camp was deeply relieved that five years of investigation had added up to nothing more serious. The president made a point of inviting his son, who has struggled with a crack cocaine addiction, to a high-profile state dinner two days later in what was taken as a spike-the-ball moment declaring victory over the family’s pursuers. The fact that Mr. Garland was also at the state dinner, hanging out just across an outdoor tent from the man his department was prosecuting, left even some Democrats feeling uncomfortable.But any sense of relief was premature. When Hunter Biden showed up at the Federal District Court in Wilmington, Del., on July 26 to finalize the plea deal, it all unraveled under questioning from a judge in just a few hours. At the heart of the matter was a disagreement over what the agreement meant. Hunter Biden and his lawyers thought it ended the investigation, while prosecutors made clear it did not.The Hunter Biden legal team wants certainty that a guilty plea would end the matter, given that Mr. Trump has vowed to prosecute him if elected president. But as Mr. Weiss revealed on Friday, subsequent negotiations intended to iron out the disconnect have reached an impasse, making a trial all but certain to be the next step and making it easier for Republicans trying to shift attention from Mr. Trump’s three indictments.They are, of course, hardly comparable cases. Hunter Biden was never president and never will be president, and even the most damning evidence against him does not equate to trying to overturn a democratic election in order to hold onto power. But it has been a useful strategy for Republicans to complain about what they call a “two-tier justice system.”Three-quarters of Republicans believe the president’s son got preferential treatment in the plea deal, compared with 33 percent of Democrats, according to a poll by Reuters and Ipsos in June. But most voters indicated that they thought Mr. Biden was “being a good father by supporting his son,” and only 26 percent said they were less likely to vote for him as a result of Hunter’s legal troubles.The president’s strategists have argued that Republican attacks on Hunter Biden did not work in the 2020 election when Mr. Biden beat Mr. Trump or in the 2022 midterm elections when Democrats did better than anticipated. Nor, they added, has the issue resonated with voters who will be important to the president’s re-election in 2024, meaning independents and disappointed Democrats.That is an assumption that in the months to come will be put on trial, in effect, at the same time as the president’s son. More

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      Republican 2024 Candidates Cast Doubt on Hunter Biden Special Counsel

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      Republican presidential candidates, some of whom were stumping in the early-caucusing state of Iowa on Friday, largely derided the news that the prosecutor investigating President Biden’s son Hunter had been elevated to special counsel status.Gov. Ron DeSantis of Florida, during a campaign stop in Audubon, Iowa, cast doubt on the independence of the special counsel, David C. Weiss, who had already been overseeing a yearslong investigation of the president’s son. “It just seems to me that they’re going to find a way to give him some type of soft-glove treatment,’’ he said. And Nikki Haley, the former U.S. ambassador to the United Nations, spoke disdainfully of the new title and power for Mr. Weiss.“I don’t think the American people trust the Department of Justice or anything this is going to do,” Ms. Haley said in an appearance on Fox News. “I think this was meant to be a distraction.”At the same time, she called it a “response to the pressure that the Biden family is feeling” and called on House Republicans who have been investigating the Bidens “to keep their foot on the gas.” So far, the investigations have found no hard evidence that President Biden used his influence while vice president to benefit his son’s business deals.Gov. Doug Burgum of North Dakota also said he doubted the independence of Mr. Weiss. In an interview while twirling around on the Iowa State Fair’s Ferris wheel, he called the move “too little, too late” and said few Republicans would view the step as a serious development, given Mr. Weiss’s role in offering Hunter Biden a plea deal in the case. That plea deal has fallen apart.Mr. Weiss is a federal prosecutor in Delaware who was originally appointed by former President Donald J. Trump. He was left in his position by President Biden to continue the Hunter Biden inquiry to avoid the appearance that the president would seek special treatment for his son.In a statement attributed to a spokesperson, Mr. Trump, who is being investigated by the special counsel Jack Smith, claimed without evidence that the Department of Justice has protected President Biden, Hunter Biden and other family members “for decades.” The statement cast doubt on Mr. Weiss’s independence and criticized him for not already bringing “proper charges after a four-year investigation” of Hunter Biden.Mr. Smith has brought two indictments against Mr. Trump.Not all of the candidates were disdainful of the appointment of the special counsel, which Republicans have urged for some time. Vivek Ramaswamy, who said last month that a special counsel was warranted, called the appointment of Mr. Weiss “good” on X, the site formerly known as Twitter. “Now let’s see if it’s more than a fig leaf,” he added.Former Vice President Mike Pence, who was flipping cuts of pork at the Iowa State Fair on Friday, said he approved of the Department of Justice’s move to upgrade Mr. Weiss’s power.“I think it’s about time that we saw the appointment of a special counsel to get to the bottom of not only what Hunter Biden was doing, but what the Biden family was doing,” Mr. Pence said. “The American people deserve answers, and I welcome the appointment.”Anjali Huynh More

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      The Prosecution of Donald Trump May Have Terrible Consequences

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      It may be satisfying now to see Special Counsel Jack Smith indict former President Donald Trump for his reprehensible and possibly criminal actions in connection with the 2020 presidential election. But the prosecution, which might be justified, reflects a tragic choice that will compound the harms to the nation from Mr. Trump’s many transgressions.Mr. Smith’s indictment outlines a factually compelling but far from legally airtight case against Mr. Trump. The case involves novel applications of three criminal laws and raises tricky issues of Mr. Trump’s intent, of his freedom of speech and of the contours of presidential power. If the prosecution fails (especially if the trial concludes after a general election that Mr. Trump loses), it will be a historic disaster.But even if the prosecution succeeds in convicting Mr. Trump, before or after the election, the costs to the legal and political systems will be large.There is no getting around the fact that the indictment comes from the Biden administration when Mr. Trump holds a formidable lead in the polls to secure the Republican Party nomination and is running neck and neck with Mr. Biden, the Democratic Party’s probable nominee.This deeply unfortunate timing looks political and has potent political implications even if it is not driven by partisan motivations. And it is the Biden administration’s responsibility, as its Justice Department reportedly delayed the investigation of Mr. Trump for a year and then rushed to indict him well into G.O.P. primary season. The unseemliness of the prosecution will likely grow if the Biden campaign or its proxies uses it as a weapon against Mr. Trump if he is nominated.This is all happening against the backdrop of perceived unfairness in the Justice Department’s earlier investigation, originating in the Obama administration, of Mr. Trump’s connections to Russia in the 2016 general election. Anti-Trump texts by the lead F.B.I. investigator, a former F.B.I. director who put Mr. Trump in a bad light through improper disclosure of F.B.I. documents and information, transgressions by F.B.I. and Justice Department officials in securing permission to surveil a Trump associate and more were condemned by the Justice Department’s inspector general even as he found no direct evidence of political bias in the investigation. The discredited Steele Dossier, which played a consequential role in the Russia investigation and especially its public narrative, grew out of opposition research by the Democratic National Committee and the Hillary Clinton campaign.And then there is the perceived unfairness in the department’s treatment of Mr. Biden’s son Hunter, where the department has once again violated the cardinal principle of avoiding any appearance of untoward behavior in a politically sensitive investigation. Credible whistle-blowers have alleged wrongdoing and bias in the investigation, though the Trump-appointed prosecutor denies it. And the department’s plea arrangement with Hunter came apart, in ways that fanned suspicions of a sweetheart deal, in response to a few simple questions by a federal judge.These are not whataboutism points. They are the context in which a very large part of the country will fairly judge the legitimacy of the Justice Department’s election fraud prosecution of Mr. Trump. They are the circumstances that for very many will inform whether the prosecution of Mr. Trump is seen as politically biased. This is all before the Trump forces exaggerate and inflame the context and circumstances, and thus amplify their impact.These are some of the reasons the Justice Department, however pure its motivations, will likely emerge from this prosecution viewed as an irretrievably politicized institution by a large chunk of the country. The department has been on a downward spiral because of its serial mistakes in high-profile contexts, accompanied by sharp political attacks from Mr. Trump and others on the right. Its predicament will now likely grow much worse because the consequences of its election-fraud prosecution are so large, the taint of its past actions so great and the potential outcome for Mr. Biden too favorable.The prosecution may well have terrible consequences beyond the department for our politics and the rule of law. It will likely inspire ever-more-aggressive tit-for-tat investigations of presidential actions in office by future Congresses and by administrations of the opposite party, to the detriment of sound government.It may also exacerbate the criminalization of politics. The indictment alleges that Mr. Trump lied and manipulated people and institutions in trying to shape law and politics in his favor. Exaggeration and truth-shading in the facilitation of self-serving legal arguments or attacks on political opponents have always been commonplace in Washington. Going forward, these practices will likely be disputed in the language of, and amid demands for, special counsels, indictments and grand juries.Many of these consequences of the prosecution may have occurred in any event because of our divided politics, Mr. Trump’s provocations, the dubious prosecution of him in New York State and Mr. Smith’s earlier indictment in the classified documents case. Yet the greatest danger comes from actions by the federal government headed by Mr. Trump’s political opponent.The documents case is far less controversial and far less related to high politics. In contrast to the election fraud case, it concerns actions by Mr. Trump after he left office, it presents no First Amendment issue and it involves statutes often applied to the mishandling of sensitive government documents.Mr. Smith had the option to delay indictment until after the election. In going forward now, he likely believed that the importance of protecting democratic institutions and vindicating the rule of law in the face of Mr. Trump’s brazen attacks on both outweighed any downsides. Or perhaps he believed the downsides were irrelevant — “Let justice be done, though the heavens fall.”These are entirely legitimate considerations. But whatever Mr. Smith’s calculation, his decision will be seen as a mistake if, as is quite possible, American democracy and the rule of law are on balance degraded as a result.Watergate deluded us into thinking that independent counsels of various stripes could vindicate the rule of law and bring national closure in response to abuses by senior officials in office. Every relevant experience since then — from the discredited independent counsel era (1978-99) through the controversial and unsatisfactory Mueller investigation — proves otherwise. And national dissensus is more corrosive today than in the 1990s, and worse even than when Mr. Mueller was at work.Regrettably, in February 2021, the Senate passed up a chance to convict Mr. Trump and bar him from future office, after the House of Representatives rightly impeached him for his election shenanigans. Had that occurred, Attorney General Merrick Garland may well have decided not to appoint a special counsel for this difficult case.But here we are. None of these considerations absolve Mr. Trump, who is ultimately responsible for this mammoth mess. The difficult question is whether redressing his shameful acts through criminal law is worth the enormous costs to the country. The bitter pill is that the nation must absorb these costs to figure out the answer to that question.Jack Goldsmith, a Harvard law professor and a senior fellow at the Hoover Institution, is a co-author of “After Trump: Reconstructing the Presidency.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      How Jack Smith Structured the Trump Election Indictment to Reduce Risks

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

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      Trump, Arraigned on Election Charges, Pleads Not Guilty

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      The former president appeared in federal court in Washington after being indicted over his efforts to overturn his defeat in 2020. His first pretrial hearing was set for Aug. 28.Former President Donald J. Trump appeared in federal court in Washington on Thursday for the first time to face charges that he conspired to remain in office despite his 2020 election loss, pleading not guilty at a hearing conducted in the shadow of the Capitol, where his supporters, fueled by his lies, had rampaged to block the peaceful transfer of power.Mr. Trump was booked and fingerprinted before entering the courtroom and offering a soft-spoken “not guilty” to each of the four counts lodged against him on Tuesday by Jack Smith, the special counsel.He was allowed to leave court without paying any bail or agreeing to any travel restrictions. A first pretrial hearing was set for Aug. 28.Mr. Trump arrived in Washington in the remarkable position of being under indictment in three separate cases as he is running for president again. In addition to the election case, he faces federal charges of mishandling classified documents and accusations in New York related to hush money payments to a porn star.But even as he sped in and out of Federal District Court in about an hour and a half, he was leading his rivals for the 2024 Republican nomination by wide margins and remained defiant.Crowds gathered outside the federal courthouse where Mr. Trump appeared for his arraignment on Thursday.Jason Andrew for The New York Times“This is a very sad day for America,” Mr. Trump said at the airport in Washington before boarding his plane back to his golf club in New Jersey. “This is a persecution of a political opponent. This was never supposed to happen in America.”Holding his umbrella for him as he emerged from his SUV on the tarmac was Walt Nauta, his personal aide, who was charged alongside him in the classified-documents case.Thursday’s hearing was held inside a courthouse that has been the venue for hundreds of trials stemming from the Jan. 6, 2021, attack on the Capitol. His lawyers used the procedural hearing to hint at one of his central defense strategies — a request to delay a second pending federal trial for months, if not years.The arraignment took place about six weeks after he entered another not-guilty plea in a Miami courtroom after being indicted on charges of illegally retaining classified documents at his resort in Florida and obstructing the government’s efforts to reclaim them.Thursday’s arraignment had deeper historical resonance. It began a process in which federal prosecutors will seek to hold Mr. Trump to account for what they say was his refusal to adhere to core democratic principles, a trial that will be held little more than a mile and a half from the White House and at the foot of the Capitol complex where his supporters chanted two and a half years ago for his vice president to be hanged and tried to block Congress from certifying President Biden’s victory.The indictment charged that Mr. Trump lied repeatedly to promote false claims of fraud, sought to bend the Justice Department toward supporting those claims and oversaw a scheme to create false slates of electors pledged to him in states that Mr. Biden had won. And it described how he ultimately pressured his vice president, Mike Pence, to use so-called fake electors to subvert the certification of the election at a joint session of Congress on Jan. 6, 2021, that was cut short by the violence at the Capitol.Magistrate Judge Moxila A. Upadhyaya, who oversaw the roughly half-hour intake hearing on Thursday, ordered Mr. Trump not to communicate about the case with any witnesses except through lawyers or in the presence of lawyers. She set the first hearing before the trial judge, Tanya S. Chutkan, for Aug. 28 — the date chosen by Mr. Trump’s lawyers from among the three options she provided and the latest of them.Police officers near the federal courthouse.Pete Marovich for The New York TimesDelaying the proceedings as much as possible is widely expected to be part of Mr. Trump’s legal strategy, given that he could effectively call off federal cases against him if he wins the 2024 election.The jockeying began on Thursday. After Judge Upadhyaya gave prosecutors a week to propose a trial date, one of Mr. Trump’s lawyers, John F. Lauro, complained that the government had had years to investigate and that he and his colleagues were going to need time to defend their client. She directed him to bring it up with the trial judge and prosecutors to respond within five days of his filing.“Mr. Trump is entitled to a fair and just trial,” Mr. Lauro said after Justice Department prosecutors requested invocation of a provision that could result in a start date within 90 days.Mr. Trump’s defense team has signaled that it intends to employ a variety of arguments to fight the charges.They include asserting that Mr. Trump had a First Amendment right to promote his view that the 2020 election was marred by fraud, and making a case that Mr. Trump sincerely believed his claims that he had been robbed of victory, an argument intended to make it more difficult for prosecutors to establish that he intended to violate the law.The defense team has also suggested that it will argue that Mr. Trump was relying on advice from lawyers when he sought to block certification of Mr. Biden’s victory, and that it could seek to move the trial out of Washington — a Democratic stronghold — to a more politically friendly setting.The wrangling over the timetable underscored the logistical and political complexities facing Mr. Trump and his team as they juggle three criminal proceedings and a presidential campaign.To give a sense of the crowded calendar his legal team will face, some of its members are scheduled to be in Fort Pierce, Fla., for a hearing in the classified-documents case on Aug. 25, and then to turn around and be in Washington on Aug. 28. Mr. Trump does not need to be in the courtroom for the pretrial hearings.Judge Upadhyaya arrived for the hearing 14 minutes late — creating long periods of awkward silence and pen-twiddling as Mr. Trump and his team sat across from equally antsy prosecutors.While the lawyers sparred, most eyes in the courtroom were on the second face-to-face encounter between the former president and Mr. Smith, who has filed charges that could put the 77-year-old Mr. Trump in a federal prison for the rest of his life. This time, unlike in Miami, the two men were positioned in such a way that they could be visible to each other.Jack Smith, the special counsel, announced the indictment of Mr. Trump in Washington on Tuesday.Doug Mills/The New York TimesMr. Smith entered the courtroom — normally used by the district’s chief judge, James E. Boasberg — about 15 minutes before the scheduled 4 p.m. start, with his lead prosecutor in the case, Thomas P. Windom, and positioned himself in a chair behind his team, with his back against the rail dividing participants from the gallery.Mr. Trump walked in very slowly in his signature long red tie and long blue suit coat, surveying the room and mouthing a greeting to no one in particular. He glanced briefly in the direction of Mr. Smith — whom he has called “deranged” — but he did not seem to make eye contact.Mr. Trump spoke in respectful tones when questioned by Judge Upadhyaya, the magistrate judge who presided over the proceeding.Yet if he had seemed chastened and ill at ease in Florida, he was more his defiant self on Thursday.When she asked his name, he replied, “Donald J. Trump” and then added “John!”When she asked his age, he raised his voice a notch and intoned, “Seven-seven!”At the end of the proceeding, Judge Upadhyaya thanked Mr. Trump, who said, “Thank you, your honor.” On the “all rise” command, he stood up. One of his lawyers put his arm on Mr. Trump’s back and guided him away from the table and out the courtroom door.Mr. Smith, known for his implacable demeanor, remained still for most of the hearing. But after Mr. Trump’s entourage exited, he appeared to let his guard down, smiling broadly as he shook hands with F.B.I. agents who had been working on the case.But the gravity of the case weighed heavily on participants and observers alike.At least three of the district court judges who have presided over trials of the Trump supporters charged for their roles in the assault on the Capitol on Jan. 6 filed into the back row of the visitors’ gallery to observe. One was Judge Amy Berman Jackson, who had criticized what she called Mr. Trump’s “irresponsible and knowingly false claims that the election was stolen” in imposing a harsh sentence on a rioter who had bludgeoned a Capitol Police officer into unconsciousness.Outside the courthouse, security was heavy, with officers on foot and on horseback and barricades erected on the sidewalk. The crowd, made up of Mr. Trump’s critics and his supporters, clogged the area outside the courthouse, with some carrying pro-Trump signs and others shouting anti-Trump slogans, including “Lock him up!”The former president arrived in Washington by motorcade in the remarkable position of being under indictment in three separate cases.Doug Mills/The New York TimesMaggie Haberman More