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    Campaign, Interrupted: Pence May Run, but He Can’t Hide From Trump’s Legal Woes

    The former vice president faces many challenges in his potential presidential run, perhaps none bigger than his complicated relationship with his old boss.Former Vice President Mike Pence, seemingly in his element as he addressed a gathering of evangelical Christians in Iowa this month, was speaking of “the greatest honor of my life,” serving in “an administration that turned this country around” by rebuilding the military, securing the southern border, and unleashing “American energy.”“But most importantly, most of all,” he said, building to a crescendo — but at the moment he was about to claim some credit for his administration’s success in overturning the right to an abortion, a booming voice came over the loudspeaker from the sound booth: “Check, check, testing, 1-2-3.”It was a small interruption, but one that exemplified the diversions Mr. Pence continues to face as he considers a run for the Republican presidential nomination against the man who was once his greatest benefactor, but also his cruelest tormentor: Donald J. Trump.On Thursday, however, Mr. Pence faced a much more onerous and grueling intrusion into his potential campaign, and one that he had hoped to avoid, when he was forced to testify for more than five hours before a grand jury in Washington about Mr. Trump’s efforts to overturn the 2020 election. Those efforts put Mr. Pence’s life at risk on Jan. 6, 2021, as a mob of Trump supporters stormed the Capitol, chanting “Hang Mike Pence.”Mr. Pence, the would-be candidate with unassailable religious convictions who spent four years a heartbeat away from the presidency, cannot seem to find the space to present those credentials to sympathetic Republican primary voters without interruption — and, in this case, on the biggest stage before a campaign has even begun.After Thursday’s testimony, a highly unusual event involving two of the most prominent U.S. public officials during a nascent presidential campaign in which both are likely to run, he is in the odd and uncomfortable position of being both a potential challenger to his former boss and possibly a key witness for his prosecution.Mr. Pence knows that core voters in the Republican base are in no mood to give such legal proceedings against Mr. Trump, including the current civil suit accusing him of rape and defamation, much credence. Paula Livingston, of Council Bluffs, Iowa, waved off the cases pending against Mr. Trump as “all the same, they’re out to stop him.”Nor is Mr. Trump showing any signs of contrition. On Thursday, while campaigning in New Hampshire, the former president embraced a supporter who had served prison time for her actions during the Capitol attack of Jan. 6, and called her “terrific,” even though she said she wants Mr. Pence executed for treason.But after the former vice president’s efforts to quash the Justice Department’s subpoena for his testimony failed, Mr. Pence had little choice but to lend his voice to the federal prosecution.Former President Donald J. Trump spoke at a campaign event in Manchester, N.H., on April 27. Sophie Park for The New York TimesThe Pence camp is now working to put that testimony within the broader rubric of his potential presidential run: Conservative truth teller. Pence loyalists would like Mr. Pence to be getting more credit for the Trump administration’s successes, especially for helping to choose the nominees that tilted the Supreme Court to the right.But Mr. Pence has to play the hand that he has been dealt, and right now that includes testifying against Mr. Trump.“I don’t know if he has to dislodge” Mr. Trump, Marc Short, a former chief of staff to the vice president, said. “He has to remind voters who he is.”Over his 12 years in Congress, as governor of Indiana and in the Trump White House, Mr. Pence was “the consistent conservative,” Mr. Short said, working for a man who was anything but consistent: “That’s an important contrast for him to draw,” Mr. Short said.A Republican close to the former vice president, who requested anonymity in order to discuss internal deliberations, explained on Friday that Mr. Pence has long stuck with conservative constitutional principles, even when that has meant standing up to his party.As a House member, he chastised the administration of President George W. Bush for its failure to adhere to fiscal discipline as federal budget surpluses turned to large deficits. He has embraced changes to Social Security and Medicare that would trim benefits in the name of balancing the budget, changes that Mr. Trump has loudly rejected.He continues to publicly make the case for U.S. military aid to Ukraine, even as some Republican lawmakers and many Republican voters turn against it. He has said Florida Gov. Ron DeSantis’s fight with the Walt Disney Company over social policy has strayed, and become a violation of the Republican Party’s bedrock belief in free enterprise.And he leaned on constitutional arguments, first to avoid the subpoena of federal prosecutors investigating efforts to overturn the 2020 election, and now to comply with it. Earlier this year Mr. Pence argued that the Constitution’s “speech or debate” clause, intended to protect the separation of powers between the three branches of government, shielded him from having to speak of Mr. Trump’s campaign to pressure him not to certify the election results in his ceremonial role as vice president.When that failed, he complied with the subpoena rather than search for another rationale for delay, such as the “executive privilege” claims that have been repeatedly rejected.Mr. Pence, in his recent book “So Help Me God,” described in detail Mr. Trump’s efforts to pressure him into blocking congressional certification of President Biden’s victory. Mr. Trump became preoccupied with the idea that Mr. Pence could do something, though Mr. Pence’s chief lawyer had concluded that there was no legal authority for him to act on Mr. Trump’s behalf.But people close to Mr. Pence said that just as he argued that he had to fulfill his constitutional duty on Jan. 6, 2021, he invoked that same Constitution the following day to reject overtures from Democratic leaders to use the Constitution’s 25th amendment to remove Mr. Trump from office.Aides to Mr. Pence showed little worry this week as the former vice president continues his deliberations about a run. Mr. Pence’s attitude, they said, is simple: Let the chips fall where they may.“He feels remarkably blessed to have been able to serve the American people in the roles he has had,” Mr. Short said, “and he hopes to continue that service.” More

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    Pence Testifies Before Grand Jury on Trump’s Efforts to Retain Power

    The former vice president is a key witness to former President Donald Trump’s attempts to block congressional certification of Joseph Biden’s victory in the 2020 election.Former Vice President Mike Pence appeared on Thursday before the grand jury hearing evidence about former President Donald J. Trump’s efforts to cling to power after he lost the 2020 election, a person briefed on the matter said, testifying in a criminal inquiry that could shape the legal and political fate of his one-time boss and possible 2024 rival.Mr. Pence spent more than five hours behind closed doors at the Federal District Court in Washington in an appearance that came after he was subpoenaed to testify before the grand jury earlier this year.As the target of an intense pressure campaign in the final days of 2020 and early 2021 by Mr. Trump to convince him to play a critical role in blocking or delaying congressional certification of Joseph R. Biden Jr.’s victory, Mr. Pence is considered a key witness in the investigation.Mr. Pence, who is expected to decide soon about whether to challenge Mr. Trump for the 2024 Republican presidential nomination, rebuffed Mr. Trump’s demands that he use his role as president of the Senate in the certification of the Electoral College results to derail the final step in affirming Mr. Biden’s victory.Mr. Pence’s advisers had discussions with Justice Department officials last year about providing testimony in their criminal investigation into whether Mr. Trump and a number of his allies broke federal law in trying to keep Mr. Trump in power. But the talks broke down, leading prosecutors to seek a subpoena for Mr. Pence’s testimony.Both Mr. Pence and Mr. Trump tried to fight the subpoena, with the former vice president claiming it violated the “speech or debate” clause of the Constitution given his role overseeing the election results certification on Jan. 6, 2021, and Mr. Trump claiming their discussions were covered by executive privilege.Mr. Trump’s efforts to prevent testimony based on executive privilege claims were rebuffed by the courts. Mr. Pence partially won in his effort to forestall or limit his testimony; the chief judge overseeing the grand jury ruled that he would not have to discuss matters connected to his role as president of the Senate on Jan. 6, but that he would have to testify to any potential criminality by Mr. Trump.A federal appeals court on Wednesday night rejected an emergency attempt by Mr. Trump to stop Mr. Pence’s testimony, allowing the testimony to go forward on Thursday.Mr. Trump’s effort to hold onto the presidency after his defeat at the polls — and how it led to the assault on the Capitol — is the focus of one of the two federal criminal investigations being overseen by Jack Smith, a special counsel appointed by Attorney General Merrick B. Garland. Mr. Smith is also managing the parallel investigation into Mr. Trump’s handling of classified documents after leaving the White House.Mr. Smith has gathered evidence about a wide range of activities by Mr. Trump and his allies following Election Day in 2020. They include a plan to assemble slates of alternate electors from a number of swing states who could be put forward by Mr. Trump as he disputed the Electoral College results. They also encompass an examination of whether Mr. Trump defrauded donors by soliciting contributions to fight election fraud despite having been repeatedly told that there was no evidence that the election had been stolen from him.A district attorney in Fulton County, Ga., Fani T. Willis, has also been gathering evidence about whether Mr. Trump engaged in a conspiracy to overturn the election results in that state, and has signaled that she will announce any indictments this summer.Mr. Pence’s unwillingness to go along with Mr. Trump’s plan to block or delay certification of the electoral outcome, infuriated Mr. Trump, who assailed his vice president privately and publicly on Jan. 6.Mr. Pence subsequently became a target of the pro-Trump mob that swamped the Capitol building that day, with some chanting “Hang Mike Pence!” as they moved through the complex. Someone brought a fake gallows that stood outside the building.It is not clear what testimony Mr. Pence provided on Thursday. But prosecutors were surely interested in Mr. Pence’s accounts of his interactions with Mr. Trump and Trump advisers including John Eastman, a lawyer who promoted the idea that they could use the congressional certification process on Jan. 6 to give Mr. Trump a chance to remain in office.That plan relied on Mr. Pence using his role as president of the Senate to hold up the process. But Mr. Pence’s top lawyer and outside advisers concluded that the vice president did not have the legal authority to do so.Mr. Pence described some of his conversations with Mr. Trump in his memoir, “So Help Me God.”Mr. Pence described in the book how Mr. Trump worked with Mr. Eastman to pressure him into doing something that the vice president was clear that he could not and would not do. He wrote that on the morning of Jan. 6, Mr. Trump tried to bludgeon him again on a phone call.“You’ll go down as a wimp,” the president told the vice president. “If you do that, I made a big mistake five years ago!”Some of Mr. Pence’s aides have already appeared before the grand jury, in addition to providing extensive testimony last year to the House select committee investigating the Jan. 6 riot and what led to it. More

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    Daines Endorsement Reflects Uneasy Senate G.O.P. Alliance With Trump

    Senate Republicans, even those who have broken with the former president, say their campaign chief’s decision to back him could boost their push for the majority.WASHINGTON — When Senator Steve Daines, the leader of the Senate Republican campaign arm, quietly informed Senator Mitch McConnell, the minority leader, that he intended to endorse former President Donald J. Trump, Mr. McConnell was fine with the idea.Mr. McConnell, the Kentucky Republican, is not on speaking terms with the former president, having abruptly turned against him after the Jan. 6, 2021, attack on the Capitol. Mr. Trump has publicly savaged the senator and repeatedly demeaned his wife with racist statements.But the minority leader, according to a person familiar with his thinking, believed that somebody in the Senate G.O.P. leadership ranks should have a working relationship with the party’s leading presidential contender — and it might as well be the man charged with winning back the Senate majority.Mr. Daines’s endorsement of Mr. Trump this week — and Mr. McConnell’s private blessing of it — highlighted how top Senate Republicans have quietly decided to join forces with their party’s leading presidential candidate, putting aside the toxic relationship that some of them have with him to focus on what they hope will be a mutually advantageous political union.Mr. Daines of Montana, the chairman of the National Republican Senatorial Committee, is the first and so far only member of the Senate G.O.P. leadership team to endorse Mr. Trump. Mr. McConnell, who enabled Mr. Trump and his agenda during much of his presidency before the Capitol riot, has not spoken to the former president since December 2020. His No. 2, Senator John Thune of South Dakota, also has been mercilessly attacked by Mr. Trump.Mr. Thune portrayed Mr. Daines’s embrace of the former president as the cost of doing business — what’s necessary to win.“He’s got a tough job to do,” Mr. Thune told reporters at the Capitol. “He’s got a lot of races around the country that we need to win. And I think he wants as many allies as possible.”Asked about the fact that Mr. Daines has endorsed someone who has attacked both him and Mr. McConnell, the senator was temporarily at a loss for words.“Well,” Mr. Thune said with a pause, “what can I tell you?”Many Senate Republicans, in contrast to their counterparts in the House, view Mr. Trump as a political anchor who cost them the majority in 2020 with baseless claims of voter fraud in Georgia that damaged their runoff chances. Many believe Mr. Trump cost them again in 2022 by endorsing Senate contenders who struggled in the general election. Mr. McConnell has attributed his party’s inability to win the Senate to “candidate quality” problems spurred by Mr. Trump’s primary endorsements.Steven Cheung, a spokesman for Mr. Trump, said that there was “tremendous support nationally and statewide” for the former president, when asked about Senate Republican leaders’ reluctant acceptance of Mr. Daines’s endorsement.“By contrast, DeSantis has embarrassingly tiny support,” Mr. Cheung said.Some Republicans are determined to steer clear of Mr. Trump. Senator Mitt Romney of Utah, a vocal critic of Mr. Trump’s who voted to convict the former president in both of his impeachment trials, insisted that Mr. Daines’s backing for Mr. Trump should not be regarded as an embrace of the former president by the Senate G.O.P.“Montana is a big Trump-supporting state,” Mr. Romney said on Wednesday. “I don’t think he did that as the leader of the Republican team. Mitch McConnell is our leader, and I doubt he’ll endorse anybody.”A spokesman for Mr. Daines declined to comment on Mr. Romney’s characterization of the endorsement.Some wondered whether Mr. Daines was deliberately defying Mr. McConnell like the last chairman of the party campaign arm, Senator Rick Scott of Florida, did during last year’s midterm elections.“I was surprised,” Senator Joni Ernst of Iowa, another member of the party leadership, said this week when asked what she thought of the Daines endorsement. “But all of the senators have the opportunity to endorse who they want to endorse.”In fact, Mr. Daines and Mr. McConnell are on the same page.Mr. Trump’s endorsement highlighted how Senate Republicans shows an uneasy alliance among estranged political players.Dave Sanders for The New York TimesMr. Daines gave Mr. McConnell a heads up that he would be endorsing Mr. Trump ahead of a Monday night appearance on the podcast of Donald Trump Jr., the former president’s eldest son, according to the person familiar with his thinking.Mr. McConnell views Montana, West Virginia and Ohio — which Mr. Trump won by big margins — as among the most important Senate battlegrounds in 2024, and it will fall to Mr. Daines to keep the former president on friendly terms with the party’s favored candidates, especially in the states where he remains wildly popular.While the rest of Mr. McConnell’s team keeps their distance from the former president, Mr. Daines speaks frequently with Mr. Trump, including as recently as Wednesday night, said a person with direct knowledge of the call who was not authorized to discuss it publicly.So even after Mr. Trump has denigrated Mr. McConnell’s wife, Elaine Chao, the Senate minority leader has engaged in a familiar game with the former president, with whom he worked closely to cut taxes and stack the federal judiciary with ardent conservatives.Mr. McConnell has said as little as possible about the former president since cutting off all contact with him. He has ignored Mr. Trump’s attacks against him and his wife, and he has refused to follow the approach of former Representative Liz Cheney, Republican of Wyoming, who has said she plans to do whatever she can to stop Mr. Trump from becoming president again.Instead, Mr. McConnell has said he is focused on winning back the Senate, and in service of that goal he is already making accommodations for the former president. He has said he will support Mr. Trump if he wins the 2024 Republican nomination.Like many of his colleagues, Senator John Cornyn of Texas, a former chairman of the Republican campaign arm himself, is staying out of Mr. Trump’s way. He said he did not plan to endorse in the primary, but “will support the nominee” in the general election.Mr. Daines, he said, was “entitled to some latitude given the complexity of the political environment that we’re entering into.”Republicans’ goal, Mr. Cornyn added, was to win back the majority.“And I don’t really care what the tactics are,” he said. More

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    The Moment When Donald Trump Started to Lose May Have Begun

    What’s the right form of justice for the problem of Donald Trump?There’s already been one indictment. There’s expected to be another in Georgia, possibly a sprawling one, about the effort to overturn the 2020 election. Although there’s a literal point to an investigation (find out what went wrong) followed by a prosecution (hold people accountable), investigations and prosecutions can also take on cultural or symbolic meaning.The Fox News settlement last week offered a microcosm of what’s happening now with Mr. Trump: The Dominion Voting Systems lawsuit was about one thing (the claim of defamation against a business), but it took on a broader meaning (the public learned more about how Republican politics really works right now). And, notably, few agree what the settlement means, whether the $787.5 million paid by Fox to Dominion reflects accountability or inconsequence, whether an apology was required or whether a trial was, even as the case risked a ruling with unpredictable repercussions.Different people have different views of what the real problem and the right form of justice look like for Mr. Trump. Maybe the only certainty right now is the answer will be unsatisfying.He, meanwhile, has never let up. Last month, Mr. Trump stood with his hand over his heart in Waco, Texas, as scenes from the Jan. 6 riot played on a big screen and a recording by the J6 Prison Choir blasted through speakers at a rally for his presidential campaign.So what’s the point? Mr. Trump is surrounded by disparate legal actions of varying importance by disconnected individuals. But if we step back and think about the meaning of this period, are we trying to move on from the Trump era, to put it behind us, or to understand what went wrong? “Justice for the problems of the Trump era” or “preventing another Trump presidency”?If you think hard about the Jan. 6 select House committee, its exact point might seem a little opaque. The committee couldn’t arrest anybody; its criminal referrals depended on a different branch of government to pursue them. The point couldn’t be justice, and while people may have mistaken the committee for a legal entity, it was a political one.But the committee served some purpose in American life: Millions of people watched its hearings, millions learned new details about this major event. Maybe the committee’s chief purpose, then, was about the documents and the interview transcripts and video — a truth project.Former Representative Stephanie Murphy, who served on the committee, told me in November this was its meaning: “for history,” to “document what happened.” To her, a former national security specialist at the Pentagon, the riot revealed the Capitol to the world as a “soft target,” and that “if we don’t walk away from perilous moments like that and take a moment to reflect and figure out how to improve, then I think we will have failed.” In an interview this month, Representative Zoe Lofgren isolated the main question — “We were there for the riot and the mob. How did it happen?” — and took it one further: to make the details “accessible to people,” filming depositions (even if only iPhone video or screen capture was available) and releasing the maximum amount of supporting material with the final report.The effect of the committee’s presentation, a kind of effort at building consensus about recent history, was less tangible: to reorient the country’s attention, through the hearings, to how bad Jan. 6 really was. Attention is hard to maintain and focus, especially when, with Mr. Trump, it’s as if we’re always trying to hold water in our hands.And this can have political consequences. In December, Sean Trende of RealClearPolitics wrote on Twitter that he had come to believe the Dobbs abortion ruling had more of a regional effect on the 2022 midterm results, but it was the hearings that shaped the national choice: “By re-centering Trump in the narrative,” the Trump-backed candidates became “less palatable to independents at a time when impressions were formed.”With hindsight, that committee had a pretty contained purpose — a public examination and narrative about a catastrophic event in American life, a kind of truth project.But it’s hard to assign a neat goal like that to every piece of the avalanche of litigation, investigation and prosecution that has converged in the last few months, between prosecutions or investigations for things that are or aren’t the problem with Mr. Trump (the Stormy Daniels payments, the efforts to overturn the election in Georgia, the handling of classified documents); the lawsuits about Mr. Trump’s business dealings in New York; the lawsuits about actors who responded to Mr. Trump’s election claims (like the Fox-Dominion lawsuit). We probably wouldn’t be here if, after the riot, Republicans had actually barred Mr. Trump from holding office, as my colleagues Ezra Klein and David French recently discussed. Impeachment was another political, civic process, rather than a criminal one. But it didn’t work, and now we have this.Without obvious shared goals, arguably all these different prosecutors, officials and individuals are undertaking an inadvertent deterrence project, keeping alive the bad parts of the recent past and applying pressure on the central players. We talk about a “chilling” effect with abortion laws, regulatory action against corporations and certain speech policies; these “work” by exerting pressure, making people skittish and worried about getting caught up in legal trouble.The endless hearings and legal heartburn might be working in a similar manner. As a friend put it to me, post-Jan. 6 prosecutions and the prospect of an indictment in Georgia may be causing people to be less rowdy.In advance of Mr. Trump’s New York indictment, his former adviser Roger Stone reminded people to keep their protests “civil” and “legal.” Representative Marjorie Taylor Greene said she would “be pointing at people to be arrested if they’re being violent.” Many (but not all) of the Trump-backed candidates who lost in November conceded their elections within a normal time frame. This was good for the country, but also a bit of a puzzle: Many of these people claimed a major election was stolen, why wouldn’t they do the same for their own? The drag and scrutiny in the aftermath of Jan. 6 might be an answer.Deterrence is an uneasy goal, however — hard to measure, impossible to predict, and at danger of becoming retribution in the wrong hands, or even hardening reactionary and illiberal elements by accident.Deterrence would also suggest an established kind of consensus: that a specific crime was, in fact, committed and the goal moving forward is to keep other crimes like it from being perpetrated. With many entry points to the problem, and without a shared consensus about what the real problem with the Trump era was, satisfaction here might be difficult to achieve. There’s also a kind of dark-night-of-the-soul, “The Godfather Part II” concern, which surfaced in early polling after the New York indictment, that at least some segment of the country likely finds that prosecution to be political, and doesn’t seem to mind. And Mr. Trump is raising a lot of money and consolidating his polling advantage in the wake of the first indictment.Consensus and order are unusual, though. Ms. Lofgren noted that the Jan. 6 committee was different from any experience she’d had, beginning with its unique presentation structure. “You had to have a unified view of what was the mission, and the mission was to find all the facts that we could, and then tell them,” she said. “There wasn’t a political divide on that. But that doesn’t mean we saw everything exactly the same way, exactly at the same time.” The committee, she explained, used closed-door discussions to reach public unity: “There were times when I thought one thing and by the time we’d spent a couple of hours thinking through it, I became convinced of someone else’s point of view. And the same thing happened with other members. That’s also rare.”Reaching one shared idea of what happened and why things went wrong, even within a smaller group behind closed doors, has real appeal, even if it’s not how we would want a country run. Instead, it’s like the best society can do is to keep applying a kind of societal weight to Mr. Trump — attention on the accurate memory of the events, the creation of legal hurdles and public scrutiny, possibly doomed prosecutions of varying quality — adding a little more weight, a little more weight, a little more weight in an effort to contain him. It’s like some mixed-up version of deterrence and truth, with a society trying something, anything, with possibly volatile precedents for the future.Even in all this chaos of information and opaque goals, a story can still stick out as representative of the frustrating parts of this time. In part of the materials released at Christmas by the select committee, in an episode you may have missed, a former White House deputy press secretary, Sarah Matthews, described an argument some of the press staff got into about who would benefit if Mr. Trump called the insurrection off, and whether he should condemn the violence at all.Ms. Matthews wanted him to do that:tell everyone to go home. According to her account of the day from her closed-door testimony, someone suggested that maybe people from the antifa movement were behind the riot; that was, Ms. Matthews said, all the more reason to condemn the violence. According to Ms. Matthews, someone kept arguing that to condemn the riot would allow the media to “win,” because Democrats had not been asked to condemn violence during the protests after George Floyd’s death in 2020.“I pointed at the TV,” Ms. Matthews testified last year, “and said — I guess yelled — ‘Do you think we’re winning right now?’” She became emotional, left the room and, later that day, resigned.This is, on the one hand, sort of a pointless thing to know — a vivid but peripheral episode, from overlooked supporting materials to a report from a committee that no longer exists. On the other hand, it speaks to the lasting change in American politics since 2016: When Ms. Matthews was working for House Republicans and testified publicly last summer, the House Republican Conference called her a “liar” and “pawn” on Twitter, before deleting the post.There’s something emblematic of this frustrating and confused era in a woman hopelessly shouting, “Do you think we’re winning right now?”Katherine Miller is a staff writer and editor in Opinion.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: [email protected] The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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

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

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    Testimony Suggests Trump Was at Meeting About Accessing Voting Software in 2020

    In a letter to federal officials, a liberal-leaning group highlighted testimony to the House Jan. 6 committee that described then-President Trump attending a meeting about the plan in December 2020.ATLANTA — Former President Donald J. Trump took part in a discussion about plans to access voting system software in Michigan and Georgia as part of the effort to challenge his 2020 election loss, according to testimony from former Trump advisers. The testimony, delivered to the House Jan. 6 committee, was highlighted on Friday in a letter to federal officials from a liberal-leaning legal advocacy group.Allies of Mr. Trump ultimately succeeded in copying the elections software in those two states, and the breach of voting data in Georgia is being examined by prosecutors as part of a broader criminal investigation into whether Mr. Trump and his allies interfered in the presidential election there. The former president’s participation in the discussion of the Georgia plan could increase his risk of possible legal exposure there.A number of Trump aides and allies have recounted a lengthy and acrimonious meeting in the Oval Office on Dec. 18, 2020, which one member of the House Jan. 6 committee would later call “the craziest meeting of the Trump presidency.” During the meeting, then-President Trump presided as his advisers argued about whether they should seek to have federal agents seize voting machines to analyze them for fraud.Testimony to the Jan. 6 committee from one aide who attended the meeting, Derek Lyons, a former White House staff secretary and counselor, was highlighted on Friday in a letter to the Justice Department and the Federal Bureau of Investigation from Free Speech for People, a liberal nonprofit legal advocacy group. Mr. Lyons recounted that during the meeting, Rudolph W. Giuliani, then Mr. Trump’s personal attorney, opposed seizing voting machines and spoke of how the Trump campaign was instead “going to be able to secure access to voting machines in Georgia through means other than seizure,” and that the access would be “voluntary.”Other attendees offered similar testimony to the committee, which released its final report on the Jan. 6 attack on the U.S. Capitol in late December. Among those involved in the Oval Office discussion were two prominent pro-Trump conspiracy theorists: Michael Flynn, the former national security adviser, and Sidney Powell, a lawyer who spread numerous falsehoods after the 2020 election and who also discussed Mr. Giuliani’s comments in her testimony.Fani T. Willis, the district attorney in Fulton County, Ga., is trying to clarify Mr. Trump’s role in a number of efforts to overturn his November 2020 election loss in Georgia — including the plan to gain access to voting machine data and software — and determine whether to recommend indictments for Mr. Trump or any of his allies for violating state laws.A spokesman for Ms. Willis’s office declined to comment Friday on Mr. Lyons’s testimony. Marissa Goldberg, an Atlanta-area lawyer representing Mr. Trump in Georgia, did not respond to a request for comment.In its letter, Free Speech for People argued that the testimony and other details that have been made public prove that Mr. Trump “was, at a minimum, aware” of an “unlawful, multistate plot” to access and copy voting system software. The group urged the Justice Department and the F.B.I. to conduct “a vigorous and swift investigation.”On Jan. 7, 2021, a small group working on behalf of Mr. Trump traveled to rural Coffee County, Ga., some 200 miles southeast of Atlanta, and gained access to sensitive election data; subsequent visits by pro-Trump figures were captured on video surveillance cameras.The group’s first visit to Coffee County occurred on the same day that Congress certified President Biden’s victory; the certification had been delayed by the storming of the Capitol by a pro-Trump mob. The visitors to Coffee County apparently saw it as an ideal place to gather intelligence on what they viewed as voting irregularities: At one point, video footage shows the then-chair of the Coffee County Republican Party, Cathy Latham, appearing to welcome into the building the members of a forensics company hired by Ms. Powell.Ms. Latham was also one of the 16 pro-Trump fake electors whom Georgia Republicans had assembled in an effort to reverse the election results there.Text messages from that period indicate that some Trump allies seeking evidence of election fraud had considered other uses for the Coffee County election data and their analyses of it. One cybersecurity consultant aiding in the effort even raised the possibility, in a text message to other Trump allies in mid-January 2021, of using a report on Coffee County election data “to try to decertify” a highly consequential United States Senate runoff election that Democrats had just won in Georgia. CNN reported on the existence of that text message on Friday.The Trump allies who traveled to Coffee County copied elections software used across the state and uploaded it on the internet, creating the potential for future election manipulation, according to David Cross, a lawyer involved in civil litigation over election security in Georgia filed by the Coalition for Good Governance. The Coffee County data was also used earlier this year in a presentation to conservative activists that included unfounded allegations of electoral fraud, The Los Angeles Times has reported.Some of those involved with the Coffee County effort came to regret it. A law firm hired by SullivanStrickler, the consulting firm hired by Ms. Powell to help gain access to the county’s voting machines, would later release a statement saying that, “With the benefit of hindsight, and knowing everything they know now, they would not take on any further work of this kind.” More

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    ‘One of the Odd and Scary Things About American Politics’ Is What Republicans Are Doing

    Are democracies providing the rope to hang themselves?From Turkey to Hungary, from India to the United States, authoritarian leaders have gained power under the protective cloak of free elections.“There is no doubt that democratic processes and judicial decisions can be used to limit the power of the people, restructuring governments and institutions to make them less representative, more undemocratic,” Rogers Smith, a political scientist at the University of Pennsylvania told me, in response to my emailed inquiry.Smith continued:The classic examples are partisan gerrymandering and barriers to voting, but in recent years Republicans have gone further than ever before in using their overrepresentation in state legislatures to shift power to those legislatures, away from officeholders in Democratic-led cities, from officials elected statewide and from voters.Jack Goldstone, a professor of public policy at George Mason University, made a parallel argument by email:One of the odd and scary things about American politics, more reminiscent of the 19th century than anything in the post-World War II period, is that when the Republicans lost the presidential election in 2020 and did much worse than expected in 2022 (even worse than in a normal midterm contest), they did not abandon the leaders and policies that produced these results. Instead, they have doubled down on even more extreme and broadly unpopular leaders and policies, from Trump to abortion and guns.Goldstone believes that this developmentis a sign that normal politics have been replaced by extreme polarization and factional identity politics, in which the extremes grow stronger and drain the center. As a minority seeking to exercise control of government, it is actually necessary that the Trumpist G.O.P. suppress democratic procedures that normally produce majority control.If enough voters, Goldstone wrote,are deeply anxious or frightened of some real or imagined threat (e.g. socialism, mass immigration, crime, threats to their religion, transgender takeover), they may well vote for someone who promises to stand up to those threats, even if that person has no regard for preserving democracy, no regard for the rights and freedoms of those seen as “enemies.” If such a leader is elected, gets his or her party to control all parts of government, and wants to turn all the elements of government into a weapon to attack their enemies, no laws or other organizations can stop them.Goldstone warned “that should the Republicans manage to gain control of the House, Senate and presidency in 2024, building an electoral autocracy to impose their views without challenge will be their top priority.”There are two distinct mechanisms involved in overturning democracy, Goldstone argued:First, is controlling all elected and appointed elements of the government. If the same political party controls the House, Senate, judiciary and presidency, and disregards the principles of democracy and independence of officials, then sadly none of the institutions of democracy will prevent arbitrary and autocratic government.The second element, according to Goldstone, is unique to this country: “The United States has so many safeguards for minority rights that it is conceivable that a minority party could obtain complete control of all levers of government.”How so?The U.S. Senate is chosen on the basis of territory, not numbers, so that Wyoming and California both have two senators. Gerrymanders mean that states where Democratic and Republican voters are about even, like Wisconsin and North Carolina, have very unequal representation in Congress. Finally, the Electoral College method of aggregating state votes for president has meant that in 2000 and 2016 candidates with a minority of the people’s votes were elected.The consequences?“A determined effort to twist and benefit from these various opportunities and rules means that a party that represents a minority of the people can, in the U.S., control the House, Senate, and presidency,” Goldstone wrote, enabling “an oppressive government restricting freedom and ruling autocratically, and doing so to impose the goals and beliefs of a minority on an unwilling majority.”Robert Lieberman, a political scientist at Johns Hopkins and a co-author, with Suzanne Mettler, a political scientist at Cornell, of “Four Threats: The Recurring Crises of American Democracy,” argued in an email that “Democratic procedure is not a threat to democracy per se, but it is fair to say that it has vulnerabilities.”“Democratic procedures,” he continued, “are intended to provide a means to hold leaders accountable,” which include:Horizontal accountability — institutional checks and balances that enable public officials to hold each other accountable; and vertical accountability — ways for citizens to hold public officials accountable, such as elections or popular mobilization. In a well-functioning democracy, both kinds of accountability work together to limit the concentration of power in the hands of a single party or individual.But Lieberman pointed out, “Democratic procedures can also enable would-be authoritarians to undermine both kinds of accountability under the cloak of democratic legitimacy.”Democratic regimes, he wrote, “are less likely than in the past to be overthrown in a sudden violent burst, as in an overt coup d’état. Instead, democracies are more frequently degraded by leaders who use apparently legal, democratic means to hollow out democratic accountability.”Voter suppression or gerrymandering, Lieberman noted,can limit vertical accountability by making it harder for the opposition to win elections, while maneuvers such as court packing can lower barriers for a party in power to expand its power. And these kind of tactics can reinforce one another, as when the Supreme Court upheld the practice of partisan gerrymandering (in Rucho v. Common Cause). Taken together, these kinds of moves can enable a party to gain and keep power without majority support and increasingly unconstrained by public disapproval.How do authoritarian-leaning politicians gain the power to elude the institutional restraints designed to maintain democracy? Stephan Haggard, a professor at the School of Global Policy and Strategy at the University of California-San Diego, emailed me to say that “an important feature of populism is the belief in majoritarian conceptions of democracy: that majorities should not be constrained by horizontal checks, various rights, or even by the rule of law: Majorities should be able to do what they want.”This majoritarian conception of democracy, Haggard continued,is a leitmotif of virtually all democratic backsliding episodes. That the will of “the people” is being thwarted by an elite (read “deep state”) that must be purged. Of course, the definition of “the people” does not refer to everyone, but the favored supporters of the autocrat: whites in the U.S., Muslims in Turkey, Russian traditionalists and so on.One common characteristic of democratic backsliding, according to Haggard, is its incrementalism, which, in turn, mutes the ability of the public to perceive what is happening in front of its eyes:A constant refrain from observers who have weathered these systems is how difficult it is to be clear as to what is transpiring. This comes in part because autocrats lie and distort the truth — that is fundamental — but also because behaviors once thought out of bounds are normalized. Think Trump’s open racism or calls for violence against opponents at his rallies; all of that got normalized.Christina Ewig, a professor of public affairs at the University of Minnesota’s Humphrey School of Public Affairs, views contemporary challenges to democracy from another vantage point.In an email responding to my inquiry, Ewig wrote that she disagrees with the premise that democracy is providing the rope to hang itself. Instead, she argued, “Democracy and democratic procedure are not threats to democracy itself. Instead, anti-democratic actors that abuse the state are a threat to democracy.”The United States, Ewig continued, “shows evidence of becoming what the political scientists Steven Levitsky and Lucan Way call a ‘competitive authoritarian regime’ — a regime that is civilian, with formal democratic institutions, but in which incumbents ‘abuse’ the state to stay in power.”Prominent examplesinclude former President Trump’s attempts to influence Georgia officials to change election outcomes in November 2020, and then to impede the peaceful transfer of power on Jan. 6. Senator Mitch McConnell’s refusal to let President Obama nominate a Supreme Court justice is another. At the state level, Wisconsin Republicans, through district gerrymandering, have a chokehold on a purple state.All of these examples, Ewig argued,appear to be abuses of democracy rather than uses of democracy. Democracy requires an acceptance that one’s party will not always be a winner. But the Republican Party in the United States has, on more than one occasion, refused to lose.For now, Ewig wrote, the United States is not a competitive authoritarian regime. The results of the 2020 national elections and the institutional opposition to the insurrection in 2021 “helped to avoid that. But some U.S. states do look suspiciously competitive authoritarian.”Why is democracy under such stress now? There are many answers to that question, including, crucially, the divisiveness inherent in the elevated levels of contemporary polarization that makes democratic consensus so difficult to achieve.In an April 2021 paper, four scholars, Samuel Wang of Princeton, Jonathan Cervas of Carnegie Mellon, Bernard Grofman of the University of California-Irvine and Keena Lipsitz of Queens College, address the basic question of what led to the erosion among a substantial number of voters of support for democratic principles in a nation with a two-century-plus commitment to this tradition:In the United States, rules and institutions from 1790, when voters comprised white male landowners and slave owners in a nation of four million, were not designed to address today’s governance needs. Moreover, existing rules and institutions may amplify background conditions that drive polarization. The decline of civic life in America and the pluralism it once nurtured has hastened a collapse of dimensionality in the system.Americans once enjoyed a rich associational life, Wang and his colleagues write, the demise of which contributes to the erosion of democracy: “Nonpolitical associations, such as labor unions, churches, and bowling leagues, were often crosscutting, bringing people from different backgrounds into contact with one another, building trust and teaching tolerance.” In recent years, however, “the groups that once structured a multidimensional issue space in the United States have collapsed.”The erosion of democracy is also the central topic of a Feb. 13 podcast with Martin Wolf, a Financial Times columnist and the author of “The Crisis of Democratic Capitalism.” Wolf makes the case that “economic changes and the performance of the economy interacting produced quite a large number of people who feared that they were becoming losers. They feared that they risked falling into the condition of people who really were at the bottom.”At the same time, Wolf continued, “the immense growth of the financial sector and the dominance of the financial sector in management generated some simply staggering fortunes at the top.” Instead of helping to drive democratization, the market system “recreated an oligarchy. I think there’s no doubt about that.”Those who suffered, Wolf noted, “felt the parties of the center-left had largely abandoned them and were no longer really interested in their fate.”Two senior fellows at Brookings, William Galston and Elaine Kamarck, explore threats to American democracy in a January 2022 analysis, “Is Democracy Failing and Putting Our Economy at Risk?” Citing data from six surveys, including those by Pew, P.R.R.I., Voter Study Group and CNN, the authors write:Support in the United States for political violence is significant. In February 2021, 39 percent of Republicans, 31 percent of independents and 17 percent of Democrats agreed that “if elected leaders will not protect America, the people must do it themselves, even if it requires violent actions.” In November, 30 percent of Republicans, 17 percent of independents and 11 percent of Democrats agreed that they might have to resort to violence in order to save our country.In the wake of the Jan. 6 assault on the Capitol, Galston and Kamarck observe:Even though constitutional processes prevailed, and Mr. Trump is no longer president, he and his followers continue to weaken American democracy by convincing many Americans to distrust the results of the election. About three-quarters of rank-and-file Republicans believe that there was massive fraud in 2020 and Joe Biden was not legitimately elected president.In fact, Galston and Kamarck continue, “the 2020 election revealed structural weaknesses in the institutions designed to safeguard the integrity of the electoral process,” noting that “if Mr. Pence had yielded to then-President Trump’s pressure to act, the election would have been thrown into chaos and the Constitution placed in jeopardy.”Since then, Galston and Kamarck note, the attack on democracyhas taken a new and dangerous turn. Rather than focusing on the federal government, Trump’s supporters have focused on the obscure world of election machinery. Republican majorities in state legislatures are passing laws making it harder to vote and weakening the ability of election officials to do their jobs.American democracy, the two authors conclude,is thus under assault from the ground up. The most recent systematic attack on state and local election machinery is much more dangerous than the chaotic statements of a disorganized former president. A movement that relied on Mr. Trump’s organizational skills would pose no threat to constitutional institutions. A movement inspired by him with a clear objective and a detailed plan to achieve it would be another matter altogether.“The chances that this threat will materialize over the next few years,” Galston and Kamarck add, “are high and rising.”If democracy fails in America, they contend,It will not be because a majority of Americans is demanding a nondemocratic form of government. It will be because an organized, purposeful minority seizes strategic positions within the system and subverts the substance of democracy while retaining its shell — while the majority isn’t well organized, or doesn’t care enough, to resist. The possibility that this will occur is far from remote.The anxiety about democratic erosion — even collapse — is widespread among those who think about politics for a living:In his January 2022 article, “Democracy’s Arc: From Resurgent to Imperiled,” Larry Diamond, a senior fellow at Stanford’s Freeman Spogli Institute, joins those who tackle what has become an overriding topic of concern in American universities:For a decade, the democratic recession was sufficiently subtle, incremental and mixed so that it was reasonable to debate whether it was happening at all. But as the years have passed, the authoritarian trend has become harder to miss. For each of the last fifteen years, many more countries have declined in freedom than have gained. By my count, the percentage of states with populations over one million that are democracies peaked in 2006 at 57 percent and has steadily declined since, dropping below a majority (48 percent) in 2019 for the first time since 1993.In this country, Diamond continued, “Rising proportions of Americans in both camps express attitudes and perceptions that are blinking red for democratic peril. Common political ground has largely vanished.”He adds: “Even in the wake of the Jan. 6 insurrection at the U.S. Capitol, most Americans have still not come to grips with how far the country has strayed from the minimum elements of normative and behavioral consensus that sustain democracy.”At the close of his essay, Diamond goes on to say:It is human nature to seek personal autonomy, dignity and self-determination, and with economic development those values have become ascendant. But there is nothing inevitable about the triumph of democracy.The next test will be in November 2024.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: [email protected] The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Witness Testimony Helps Prosecutors Advance Trump Election Case

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