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      How Biden’s View on Presidential War Powers Has Shifted

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      The president says he can direct limited military operations without lawmakers’ approval. Most G.O.P. presidential candidates, including Donald J. Trump, did not answer a survey on executive power.If he is elected to a second term, President Biden pledged that he will go to Congress to start any major war but said he believed he was empowered “to direct limited U.S. military operations abroad” without such approval when such strikes served critical American interests.“As president, I have taken great care to ensure that military actions carried out under my command comply with this constitutional framework and that my administration consults with Congress to the greatest extent possible,” he wrote in response to a New York Times survey of presidential candidates about executive power.“I will continue to rigorously apply this framework to any potential actions in the future,” he added.The reply stood in contrast to his answer in 2007, when he was also running for president and, as a senator, adopted a narrower view: “The Constitution is clear: Except in response to an attack or the imminent threat of attack, only Congress may authorize war and the use of force.”In the survey, The New York Times asked major presidential candidates to lay out their understanding of issues that can be critical to the outcome of policy fights but about which they are rarely asked: the scope and limits of a president’s power to act unilaterally or in defiance of statutes, particularly in war, secrecy and law enforcement.Mr. Biden’s answers showed how his view of executive power evolved over years in the White House — eight as Barack Obama’s vice president and now nearly three as president.Only a handful of candidates for the Republican nomination engaged in the survey, including former Vice President Mike Pence, former Gov. Asa Hutchinson of Arkansas and Mayor Francis Suarez of Miami before he suspended his campaign late last month.Vivek Ramaswamy, a businessman and entrepreneur, answered only about half of the 14 questions, and former President Donald J. Trump declined to participate altogether, as did Gov. Ron DeSantis of Florida and Nikki Haley, the former ambassador to the United Nations, among others.The Times has published in full the answers of participants, including Mr. Biden and two of his Democratic challengers, Robert F. Kennedy Jr. and Marianne Williamson.Notably, Mr. Biden declined to embrace the idea of curtailing emergency powers Congress enacted that presidents can activate if they declare that there are exigent circumstances, said Jack Goldsmith, a Harvard Law School professor and former senior Justice Department lawyer in the Bush administration.Mr. Trump invoked emergency powers to spend more on a border wall than lawmakers were willing to appropriate, and the Biden administration invoked the authority for a plan to forgive more than $400 million in student debt. (The Supreme Court struck down the proposal over the summer.) There are bipartisan proposals in Congress to impose new curbs, such as by ensuring that national emergencies terminate after 30 days unless lawmakers affirm a presidential declaration.Asked whether he would sign such a bill, Mr. Biden instead made a vague remark about “working with Congress on devising sensible solutions to the challenges we face as a nation.” He added that he would use every tool at his disposal to respond to emergencies.“If Biden is not open to reform — and his answer was as noncommittal as he could be without saying he was not open to it — then it is likely dead on arrival,” Professor Goldsmith said.On the topic of pardons, every candidate who answered the survey said that a president cannot pardon himself. While in office, Mr. Trump claimed he had a legal right to do so, but that is an ambiguous and untested constitutional question. It could become important if he wins the 2024 election even as he faces criminal charges in two federal cases.Former President Donald J. Trump claimed he had the legal right to pardon himself.Doug Mills/The New York TimesIndeed, while Mr. Trump did not participate in the survey, many of its questions addressed disputed assertions of executive power he made as president, and he and his allies are openly planning to expand his authority over the machinery of government if he wins in 2024. Mr. DeSantis has also pushed an expansive view of executive powers as Florida governor.The refusal by the two men and most other G.O.P. contenders to answer questions on the powers they are seeking from voters reflects a party shift that emerged in the 2016 primary, which Mr. Trump upended by becoming the front-runner ahead of establishment candidates.Other Republican presidential hopefuls in the current primary campaign who declined to answer the questions included Senator Tim Scott of South Carolina, Chris Christie, the former governor of New Jersey, Gov. Doug Burgum of North Dakota, and Will Hurd, a former representative of Texas.By contrast, most major Republican primary candidates in 2007 and 2011 were willing to answer the versions of the questions put to them those years, including the party’s eventual nominees, John McCain and Mitt Romney.Four years ago, 17 Democrats vying for their party’s nomination to challenge Mr. Trump also participated in the project. Mr. Biden was among them, making his answers this cycle the third time he has participated. (His willingness to do so as an incumbent seeking re-election also stood in contrast to Mr. Obama, who declined to participate in 2011.)In 2019, Mr. Biden had already shifted to embracing the view, adopted by the executive branch under administrations of both parties, that presidents have broader constitutional authority to carry out limited attacks on other countries without congressional authorization, so long as it falls short of full-scale war.As president, both Mr. Trump and Mr. Biden used force unilaterally, citing their claimed constitutional authority to use military force without congressional permission. In April 2017 and again in April 2018, Mr. Trump directed airstrikes against Syrian government forces, and Mr. Biden in June 2021 and in August 2022 directed airstrikes on Iranian-backed militia groups in Syria.Mr. Pence, who was vice president at the time of Mr. Trump’s strikes, said: “As commander in chief, the president has a constitutional duty to use his executive authority to protect the country from imminent threats. Whether a threat is imminent is a matter of judgment, and it is essential the president be a person of character, experience, and competence whose judgment the American people can trust.”To be sure, just because candidates commit to respecting a limit while on the campaign trail does not mean they will follow through once in office. But their legal policy statements can offer a way to analyze and bring attention to any departure from what they told voters.In 2019, for example, Mr. Biden said that if elected, he would order the Justice Department to review and potentially replace a legal policy memo that says sitting presidents are temporarily immune from indictment. He strongly criticized the department’s interpretation of the Constitution, which limited the special counsel investigating the Trump campaign’s ties to Russia and Mr. Trump’s attempts to impede that inquiry, Robert S. Mueller III.But Mr. Biden never followed through on that pledge. He is now protected himself by the Justice Department’s theory since a special counsel, Robert Hur, is investigating how several classified documents were in his possession when he left the vice presidency.In his survey answers this time, Mr. Biden sidestepped a question about that issue, instead offering a vague statement about Justice Department independence.“As president, I have fulfilled my campaign promise of restoring a strong and independent Department of Justice led by top-flight legal professionals dedicated to realizing the ideal that this nation was founded on of equal justice under the law,” he wrote. “This means no one is above the law — especially the president of the United States.” More

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      Justice Dept. Says It Will Indict Hunter Biden on Gun Charge This Month

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      The timetable, following the collapse of an earlier deal that would have allowed President Biden’s son to avoid any jail time, means he will face prosecution as his father seeks re-election.David C. Weiss, the special counsel investigating Hunter Biden, said on Wednesday that he planned to indict the president’s son on a gun charge before the end of the month — a move prompted by the acrimonious collapse of a plea deal in July.In a three-page update filed in federal court in Wilmington, Del., Mr. Weiss laid out plans to bring charges related to Mr. Biden’s purchase of a pistol in 2018, when prosecutors say he lied on a federal form by stating that he was not using drugs at the time. Mr. Biden had previously agreed to participate in a two-year diversion program for nonviolent gun offenders as part of the plea deal, which unraveled dramatically at the last minute this summer.Mr. Biden’s lawyer, Abbe Lowell, signaled in a statement that he would challenge any effort to proceed with a trial, arguing that the original agreement reached over the summer “remains valid and prevents any additional charges from being filed.”The government’s filing, while expected, adds an additional and volatile element to an already packed calendar of criminal cases coinciding — and colliding — with the 2024 presidential race. It piles on a possible federal trial of President Biden’s son to former President Donald J. Trump’s two federal and two state criminal cases.The status report by Mr. Weiss was filed at the request of a federal judge. It makes no mention of the status of likely separate charges stemming from the five-year investigation of Mr. Biden’s business dealings, and subsequent failure to pay taxes, conducted by Mr. Weiss, the U.S. attorney in Delaware who was appointed last month as a special counsel after overseeing the investigation. Last month, prosecutors told the court they intended to file the tax charges in either California or Washington, D.C.Leo Wise, a veteran prosecutor detailed to Mr. Weiss’s team in June, said in the court filing on Wednesday that the Justice Department would seek the return of an indictment on the gun charge before Sept. 29, citing a timetable set by the Speedy Trial Act.Mr. Biden appeared to be just hours away from resolving his legal troubles this summer through a deal that would have cleared up both the tax and gun investigations. But under questioning by a judge in federal court in Wilmington, prosecutors and defense lawyers were forced to acknowledge that they had very different interpretations of the terms of the agreement, leading to its collapse.After subsequent negotiations to revive an agreement on the tax and gun charges foundered, Attorney General Merrick B. Garland elevated Mr. Weiss to the status of special counsel, giving him more flexibility in pursuing the tax charges and the freedom to continue investigating other elements of the case.Under the original deal, Mr. Biden had agreed to plead guilty to two tax misdemeanors and to settle the gun investigation without being charged.Despite the collapse of the agreement, Mr. Lowell said that his client had been abiding by the terms of the original deal “for the last several weeks” and had been making regular visits to his court-assigned probation officer.Mr. Lowell suggested that he was continuing to pursue a “fair” deal with Mr. Weiss, not subject to “outside political pressure.”Mr. Weiss is the third special counsel appointed since Mr. Garland took office in March 2021, joining Jack Smith, who is overseeing the investigations of Mr. Trump, and Robert K. Hur, who is examining President Biden’s retention of sensitive documents from his tenure as vice president.The gun charge stems from Hunter Biden’s response of “no” on a federal form he filled out as part of the purchase of a handgun when asked whether he was an “unlawful user” of drugs. At the time, Mr. Biden, who had been addicted to crack cocaine, was struggling to remain sober.Such federal prosecutions are relatively rare, and seldom pursued as stand-alone charges. Officials at the Bureau of Alcohol, Tobacco, Firearms and Explosives responsible for reviewing Mr. Biden’s file were skeptical of bringing charges against him, especially considering that he had sought treatment and had no prior criminal history, according to another person with knowledge of the situation. (The widow of his brother, Beau, later found the gun and threw it in a dumpster.)Another factor that could complicate the government’s case: Last year’s Supreme Court ruling that gave people a broad right to carry guns outside the home. Mr. Biden’s lawyers have argued that recent lawsuits challenging federal regulations, including the drug use restriction, could render a prosecution of Mr. Biden moot. More

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      How Free Speech and Willful Blindness Will Play Out in the Trump Prosecution

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      More than a decade ago, a divided Supreme Court ruled in United States v. Alvarez that an elected member of a district water board in California could not be prosecuted criminally for lying to an audience about winning the Medal of Honor. The court ruled that efforts to criminalize mere lying, without linking the lie to an attempt to gain a material advantage, posed an unacceptable threat to robust exercise of First Amendment rights.Given that decision, Jack Smith, the special prosecutor investigating former President Donald Trump, was right in concluding that Mr. Trump has a First Amendment right to lie to the general public.So, where’s the legal beef in the indictment arising from the events that culminated in the storming of the Capitol brought by Mr. Smith against Mr. Trump? It’s in the fact that Mr. Smith isn’t merely charging the former president with lying; he is contending that Mr. Trump lied to gain an unlawful benefit — a second term in office after voters showed him the exit. That kind of speech-related behavior falls comfortably within what the justices call “categorical exceptions” to the First Amendment like true threats, incitements, obscenity, depictions of child sexual abuse, fighting words, libel, fraud and speech incident to criminal conduct.As the court put it in 1949 in the case of Giboney v. Empire Storage and Ice Co., “it rarely has been suggested that the constitutional freedom for speech and press extends its immunity to speech or writing used as an integral part of conduct in violation of a valid criminal statute.”That is why Mr. Smith will most likely seek to prove that the former president was engaged in “speech incident to criminal conduct” when he and his co-conspirators lied to state legislators, state election officials, gullible supporters, Justice Department lawyers and Vice President Mike Pence in an illegal effort to prevent Joe Biden from succeeding him as president. Since Mr. Trump is charged with, among other crimes, conspiracy to defraud the United States and to deprive people of the right to have their votes counted, Mr. Smith would clearly be right in arguing that the Alvarez decision doesn’t apply.Characterizing Mr. Trump’s words as “speech incident to criminal conduct” would neatly solve Mr. Smith’s First Amendment problem, but at a substantial cost to the prosecution. To win a conviction, the government must persuade 12 jurors to peer inside Mr. Trump’s head and find beyond a reasonable doubt that he knew he was lying when he claimed to be the winner of the 2020 election. If Mr. Trump actually believed his false assertions, his speech was not “incident to criminal conduct.”How can Mr. Smith persuade 12 jurors that no reasonable doubt exists that Mr. Trump knew he was lying? The prosecution will, no doubt, barrage the jury with reams of testimony showing that the former president was repeatedly told by every reputable adviser and administration official that no credible evidence of widespread electoral fraud existed, and that Mr. Pence had no choice but to certify Mr. Biden as the winner.But there also will likely be evidence that fervent supporters of Mr. Trump’s efforts fed his narcissism with bizarre false tales of result-changing electoral fraud, and frivolous legal theories justifying interference with Mr. Biden’s certification as president-elect. Those supporters could include Rudy Giuliani; Sidney Powell, a lawyer and purveyor of wild conspiracy theories; Jeffrey Clark, the acting head of the Justice Department’s civil division, who apparently plotted with Mr. Trump to unseat the acting attorney general and take control of the department; and John Eastman, the lawyer who hatched the plan that Mr. Pence refused to follow to keep Mr. Trump in power.Maybe Mr. Trump himself will swear to his good faith belief that he won. With all that conflicting testimony, how is a conscientious juror to decide for sure what was really going on inside his head?The answer lies in the Supreme Court’s doctrine of “willful blindness.” A dozen years ago, in the case of Global-Tech Appliances v. SEB, Justice Samuel Alito, writing for all but one justice, ruled that proof of willful blindness is the legal equivalent of proving guilty knowledge.As Justice Alito explained it: “Many criminal statutes require proof that a defendant acted knowingly or willfully, and courts applying the doctrine of willful blindness hold that defendants cannot escape the reach of these statutes by deliberately shielding themselves from clear evidence of critical facts that are strongly suggested by the circumstances.”In other words, when a defendant, like Mr. Trump, is on notice of the potential likelihood of an inconvenient fact (Mr. Biden’s legitimate victory), and closes his eyes to overwhelming evidence of that fact, the “willfully blind” defendant is just as guilty as if he actually knew the fact. While this argument is not a slam dunk, there’s an excellent chance that 12 jurors will find, beyond a reasonable doubt, that Mr. Trump hid from the truth by adopting willful blindness.Burt Neuborne is a professor emeritus at New York University Law School, where he was the founding legal director of the Brennan Center for Justice. He was the national legal director of the American Civil Liberties Union from 1981 to 1986.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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      Trump’s Lawyers Seek April 2026 Start to Jan. 6 Trial

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      The lawyers said the extraordinary delay was needed given the historic nature of the case and the volume of discovery materials they will have to sort through in the coming months.Lawyers for former President Donald J. Trump asked a judge on Thursday to reject the government’s proposal to take Mr. Trump to trial in early January on charges of seeking to overturn the 2020 election and to instead push back the proceeding until April 2026 — nearly a year and a half after the 2024 election.The lawyers said the extraordinary delay was needed because of the historic nature of the case and the extraordinary volume of discovery evidence they will have to sort through — as much as 8.5 terabytes of materials, totaling over 11.5 million pages, they wrote in a filing to Judge Tanya S. Chutkan, who is overseeing the case.In a bit of legal showmanship, Gregory M. Singer, the lawyer who wrote the brief, included a graph that showed how 11.5 million pages of documents stacked atop one another would result in a “tower of paper stretching nearly 5,000 feet into the sky.”That, Mr. Singer pointed out, was “taller than the Washington Monument, stacked on top of itself eight times, with nearly a million pages to spare.”“Even assuming we could begin reviewing the documents today, we would need to proceed at a pace of 99,762 pages per day to finish the government’s initial production by its proposed date for jury selection,” Mr. Singer wrote. “That is the entirety of Tolstoy’s ‘War and Peace,’ cover to cover, 78 times a day, every day, from now until jury selection.”Mr. Trump’s aggressive request to postpone the trial in Federal District Court in Washington — a strategy he has pursued in all of the criminal cases he is facing — followed an equally ambitious proposal made last week by prosecutors in the office of the special counsel, Jack Smith, to get the case in front of a jury by the first week of 2024.Now that Mr. Trump has been indicted four times in four separate cases — most recently, on Monday in Fulton County, Ga. — prosecutors have started jockeying with one another to determine when the trials will be held. Complicating matters, Mr. Trump’s campaign schedule is set to pick up significantly this winter and spring with a series of primary elections just as he will be obliged to be in various courthouses in various cities as a criminal defendant.The judge in the other federal case that Mr. Trump is facing — one in which he stands accused of illegally holding on to dozens of classified documents after he left office — has slated the matter to go to trial on May 20 in Federal District Court in Fort Pierce, Fla.On Wednesday, Fani T. Willis, the Fulton County district attorney, proposed starting the sprawling trial of Mr. Trump and 18 others on charges of tampering with Georgia’s state election on March 4.And that was only three weeks before the March 25 start date for Mr. Trump’s fourth trial — one that will take place in Manhattan on charges related to hush money payments made to a porn star in the weeks before the 2016 election.If the prosecutors all get their way — and there is no assurance they will — Mr. Trump could be on trial more or less nonstop, with a few weeks’ hiatus here and there, from early January through perhaps mid-June at a time when his campaign advisers will surely want him out on the trail holding rallies and meeting with voters.Some of the former president’s advisers have made no secret of the fact that he is looking to win the next election as a way to try to solve his legal problems. If Mr. Trump, who is the front-runner for the 2024 Republican presidential nomination, can push the federal trials until after the election and prevail, he could seek to pardon himself after taking office or have his attorney general simply dismiss the matter altogether.To that end, his lawyers have sought various ways to slow prosecutors in their race to get to trial and have tried to delay the proceedings where they can.Last month, for example, they asked the judge in the documents case, Aileen M. Cannon, to postpone that trial indefinitely, arguing that it should not begin until all “substantive motions” in the case had been presented and decided. At a subsequent hearing, they told Judge Cannon that she should push back the trial until after the 2024 election because, among other reasons, Mr. Trump could never get a fair jury in the maelstrom of news media attention surrounding the race.The lawyers tried that gambit again on Thursday with Judge Chutkan.Mr. Singer noted in his filing that not only were the discovery materials expansive, but the case also involved several novel aspects that made it, as he put it, “terra incognita.”“No person in the history of our country has ever been charged with conspiracies related to the Electoral Count Act,” he wrote, referring to the post-Civil War era law that governs the counting of electors to the Electoral College.“No president has ever been charged with a crime for conduct committed while in office,” he continued. “No major party presidential candidate has ever been charged while in the middle of a campaign — and certainly not by a Justice Department serving his opponent.”Mr. Singer also mentioned Mr. Trump’s increasingly crowded legal calendar, noting that the government’s proposal to go to trial in January “presents numerous conflicts” with what he genially described as “other pending matters.”As an example, Mr. Singer pointed out that the judge in the Florida-based classified documents case has scheduled a pretrial hearing for Dec. 11 — the same day the special counsel’s office has proposed starting jury selection in the Washington-based election interference case.Echoing Mr. Singer’s complaints, Christopher M. Kise, one of Mr. Trump’s lawyers in the Florida case, alerted Judge Cannon about the conflicting proceedings on Dec. 11 in court papers filed on Thursday night.Mr. Kise noted that he could “only speculate about the special counsel’s motive for offering dates in the newly indicted case that directly conflict with dates” in the Florida case, but seemed interested in making certain that Judge Cannon was aware of what was going on.“The special counsel’s strategy asking for a schedule in the D.C. case that culminates in a proposed trial date of Jan. 2, 2024, is not merely gamesmanship by a partisan Department of Justice,” he wrote. “It is a miscarriage of justice.” More

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      Special Counsel Used Warrant to Get Trump’s Twitter Direct Messages

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      The nature of the messages or who exactly wrote them remained unclear, but it was a revelation that such messages were associated with the former president’s account.The federal prosecutors who charged former President Donald J. Trump this month with conspiring to overturn the 2020 election got access this winter to a trove of so-called direct messages that Mr. Trump sent others privately through his Twitter account, according to court papers unsealed on Tuesday.While it remained unclear what sorts of information the messages contained and who exactly may have written them, it was a revelation that there were private messages associated with the Twitter account of Mr. Trump, who has famously been cautious about using written forms of communications in his dealings with aides and allies.The court papers disclosing that prosecutors in the office of the special counsel, Jack Smith, obtained direct messages from Mr. Trump’s Twitter account emerged from a fight with Twitter over the legality of executing a warrant on the former president’s social media. Days after the attack on the Capitol on Jan. 6, 2021, the platform shut down his account.The papers included transcripts of hearings in Federal District Court in Washington in February during which Judge Beryl A. Howell asserted that Mr. Smith’s office had sought Mr. Trump’s direct messages — or DMs — from Twitter as part of a search warrant it executed on the account in January.In one of the transcripts, a lawyer for Twitter, answering questions from Judge Howell, confirmed that the company had turned over to the special counsel’s office “all direct messages, the DMs” from Mr. Trump’s Twitter account, including those sent, received and “stored in draft form.”The lawyer for Twitter told Judge Howell that the company had found both “deleted” and “nondeleted” direct messages associated with Mr. Trump’s account.The warrant was first revealed last week when a federal appeals court in Washington released court papers about Twitter’s attempt to challenge certain aspects of the warrant.The court papers unsealed on Tuesday revealed that Mr. Smith’s prosecutors sought “all content, records and other information” related to Mr. Trump’s Twitter account from October 2020 to January 2021, including all tweets “created, drafted, favorited/liked or retweeted” by the account and all direct messages sent from, received by or stored in draft form by the account.The warrant, which was signed by a federal judge in Washington in January after Elon Musk took over Twitter, now called X, is the first known example of prosecutors directly searching Mr. Trump’s communications and adds a new dimension to the scope of the special counsel’s efforts to investigate the former president.Mr. Trump’s Twitter account was often managed by Dan Scavino, a longtime adviser going back to his days in his private business, and it was unclear if any direct messages were from when he was using the account.CNN earlier reported the revelation that Mr. Trump’s direct messages were sought by the search warrant.A spokesman for Mr. Trump, asked for comment, referred to a post the former president made on his social media website, Truth Social, on Monday, in which he called Mr. Smith a “lowlife” and accused him breaking into his Twitter account. “What could he possibly find out that is not already known,” Mr. Trump wrote.The election charges filed against Mr. Trump accuse him of three overlapping conspiracies: to defraud the United States, to disrupt the certification of the election at a proceeding at the Capitol on Jan. 6 and to deprive people of the right to have their votes counted.Mr. Trump’s relentless use of Twitter is detailed several times in the indictment.The indictment notes, for instance, how Mr. Trump used Twitter on Dec. 19, 2020, to summon his followers to Washington on Jan. 6 for what he described as a “wild” protest. The message ultimately served as a lightning rod for both far-right extremists and ordinary Trump supporters who descended on the city that day, answering Mr. Trump’s call.The indictment also describes how Mr. Trump used Twitter in the run-up to Jan. 6 to instill in his followers “the false expectation” that Vice President Mike Pence had the authority to use his role in overseeing the certification proceeding at the Capitol “to reverse the election outcome” in Mr. Trump’s favor.On Jan. 6, Mr. Trump continued posting messages on Twitter that kept up this drumbeat of “knowingly false statements aimed at pressuring the vice president,” the indictment said. Ultimately, when Mr. Pence declined to give in, Mr. Trump posted yet another tweet blaming the vice president for not having “the courage to do what should have been done to protect our country and our Constitution.”One minute after the tweet was posted, the indictment said, Secret Service agents were forced to evacuate Mr. Pence to a secure location. And throughout that afternoon, it added, rioters roamed the Capitol and its grounds, shouting chants like “Traitor Pence” and “Hang Mike Pence.”When the special counsel’s office obtained the warrant for Mr. Trump’s Twitter account, prosecutors also got permission from a judge to force Twitter not to inform the former president that they were scrutinizing his communications.If Mr. Trump had learned about the warrant, the court papers unsealed on Tuesday said, it “would result in destruction of or tampering with evidence, intimidation of potential witnesses or serious jeopardy to this investigation.”Twitter challenged this so-called nondisclosure order, arguing that prosecutors had violated the company’s First Amendment rights by seeking to keep officials from communicating with Mr. Trump, one of its customers.The company also asked to delay complying with the warrant until the issues surrounding the provision were resolved. Otherwise, it claimed, Mr. Trump would not have a chance to assert executive privilege in a bid to “shield communications made using his Twitter account.”Ultimately, Twitter not only lost the fight but also was found to be in contempt of court for delaying complying with the warrant. Judge Howell fined the company $350,000. More

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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