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    Tucker Carlson’s Private Contempt for Trump: ‘I Hate Him Passionately’

    The Fox host’s private comments, revealed recently in court documents, contrast sharply with his support of conservatives on his show.Documents released in recent weeks as part of a $1.6 billion defamation suit against Fox News by Dominion Voting Systems have revealed extraordinary private communications and depositions from the network’s star hosts and executives. In those statements, many of them expressed disbelief about President Donald J. Trump’s false claims that the 2020 election was stolen from him, even though the network continued to promote many of those lies on the air.Regardless of the outcome of the case, which is scheduled to go to trial in April, one host in particular — Tucker Carlson — appears to have a tricky road to navigate with his audience. In his private messages, Mr. Carlson, who generally provides strong support of Republicans on the air, repeatedly showed contempt for Mr. Trump and some of his closest aides.In a statement, Fox News said the fact that Dominion was using the contents of the legal filings “to twist and even misattribute quotes to the highest levels of our company is truly beyond the pale.”Here are five examples of Mr. Carlson’s views on Mr. Trump from the documents:Nov. 6, 20201. On Trump’s Business HistoryAs votes were being counted in the 2020 presidential election, Mr. Carlson texted with his producer, Alex Pfeiffer, fretting about viewers turning away from Fox News after the network called Arizona for President Biden.Alex Pfeiffer: Trump has a pretty low rate at success in his business ventures.Tucker Carlson: That’s for sure. All of them fail. What he’s good at is destroying things. He’s the undisputed world champion of that.Nov. 10, 20202. On Trump’s Plan to Skip Biden’s InaugurationA staff member texted Mr. Carlson to say they’d heard Mr. Trump was planning not to attend the inauguration, an important symbol of the peaceful transfer of power.Carlson: I’d heard that about the inauguration. Hard to believe. So destructive.Carlson: It’s disgusting. I’m trying to look away.Nov. 23, 20203. On His Interactions With Trump’s Team Over Sidney Powell, a Trump LawyerMr. Carlson texts with the Fox News host Laura Ingraham about Sidney Powell, a lawyer for Mr. Trump and one of the biggest promoters of the unfounded election fraud claims.Carlson: I had to try to make the WH disavow her, which they obviously should have done long before.Laura Ingraham: No serious lawyer could believe what they were saying.Carlson: But they said nothing in public. Pretty disgusting. And now Trump, I learned this morning, is sitting back and letting them lose the senate. He doesn’t care. I care.Jan. 4, 20214. On His Desire to Move On From TrumpMr. Carlson texts with members of his staff, two months after the 2020 election and two days before the insurrection at the Capitol building, about looking forward to not having to cover Mr. Trump.Carlson: We are very, very close to being able to ignore Trump most nights. I truly can’t wait.Carlson: I hate him passionately.Jan. 7, 20215. On the Aftermath of the Capitol RiotsAfter the riot at the Capitol on Jan. 6, Mr. Carlson texts with Mr. Pfeiffer about Mr. Trump’s culpability in the insurrection and how to deal with viewers who still support him. It was two weeks before the inauguration of President Biden.Carlson: Trump has two weeks left. Once he’s out, he becomes incalculably less powerful, even in the minds of his supporters.Carlson: He’s a demonic force, a destroyer. But he’s not going to destroy us. I’ve been thinking about this every day for four years.Pfeiffer: You’re right. I don’t want to let him destroy me either. [REDACTED]. The Trump anger spiral is vicious.Carlson: That’s for sure. Deadly. It almost consumed me in November when Sidney Powell attacked us. It was very difficult to regain emotional control, but I knew I had to. We’ve got two weeks left. We can do this.

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    Trump, Vowing ‘Retribution,’ Foretells a Second Term of Spite

    In a speech before his supporters, the former president charged forward in an uncharted direction, talking openly about leveraging the power of the presidency for political reprisals.Donald J. Trump has for decades trafficked in the language of vengeance, from his days as a New York developer vowing “an eye for an eye” in the real estate business to ticking through an enemies ledger in 2022 as he sought to oust every last Republican who voted for his impeachment. “Four down and six to go,” he cheered in a statement as one went down to defeat.But even though payback has long been part of his public persona, Mr. Trump’s speech on Saturday at the Conservative Political Action Conference was striking for how explicitly he signaled that any return trip to the White House would amount to a term of spite.“In 2016, I declared, ‘I am your voice,’” Mr. Trump told the crowd in National Harbor, Md. “Today, I add: I am your warrior. I am your justice. And for those who have been wronged and betrayed, I am your retribution.”He repeated the phrase for emphasis: “I am your retribution.”Framing the 2024 election as a dire moment in an us-versus-them struggle — “the final battle,” as he put it — Mr. Trump charged forward in an uncharted direction for American politics, talking openly about leveraging the power of the presidency for political reprisals.His menacing declaration landed differently in the wake of the pro-Trump mob’s assault on the Capitol on Jan. 6, 2021, in a last-ditch effort to keep him in power. The notion that Mr. Trump’s supporters could be spurred to violence is no longer hypothetical, as it was in 2016 when he urged a rally audience to “knock the crap out of” hecklers. The attack on the Capitol underscored that his most fanatical followers took his falsehoods and claims of victimhood seriously — and were willing to act on them.Mr. Trump’s speech was laced with allusions to Gov. Ron DeSantis of Florida, so far the chief threat to his winning another nomination. Haiyun Jiang/The New York TimesWhile Mr. Trump has long walked up to a transgressive line, he has often managed to avoid unambiguously crossing it, leaving his intentions just uncertain enough to allow his supporters to say he is being mistreated or misinterpreted.Steven Cheung, a spokesman for Mr. Trump, said the speech was “a call to political action to defeat the Democrats who have put their collective boot on the throats of Americans,” adding, “Anyone who thinks otherwise is either being disingenuous or is outright lying because they know President Trump continues to be a threat to the political establishment.”But John Bolton, a national security adviser under Mr. Trump who later broke publicly with him, had little doubt what the former president meant on Saturday. “I think he’s talking about retribution he would exact on people who would cross him,” said Mr. Bolton, who also served as ambassador to the United Nations. The reference was not about Mr. Trump’s supporters, Mr. Bolton said, but about Mr. Trump himself.“It would be, first and foremost, getting back at the people he thinks deserve some kind of punishment for not doing what he tells them to do,” Mr. Bolton said. “And it’s a big group of people.”Who’s Running for President in 2024?Card 1 of 7The race begins. More

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    Trump Says He Would Stay in 2024 Race if Indicted

    Donald Trump says he “wouldn’t even think about” dropping out of the race for the White House if he’s indicted. The former president has increasingly used his campaign as a cudgel against investigators.OXON HILL, Md. — Former President Donald J. Trump said on Saturday that he would not drop out of the 2024 presidential race if he was indicted in one of several investigations he is facing.Mr. Trump made the comments to a group of conservative media before his speech to the Conservative Political Action Coalition conference in National Harbor, Md. It was the first time Mr. Trump spoke publicly about how he would respond if he was indicted while actively seeking the presidency, an event that would roil the 2024 campaign.Mr. Trump is facing two state investigations — one in New York City and one in Fulton County, Ga. — as well as two federal investigations led by Jack Smith, a special prosecutor. Mr. Smith is investigating Mr. Trump’s attempt to thwart the peaceful transfer of power after losing the 2020 election, as well as Mr. Trump’s possession of hundreds of classified documents and presidential material at his private club, Mar-a-Lago.The precise status of the efforts is unclear, but the two state investigations are believed to be in advanced stages.Mr. Trump was definitive when asked Saturday whether he would stay in the race if one of the prosecutors brought an indictment. “Oh absolutely. I wouldn’t even think about leaving,” he said, adding that he believed an indictment would increase his poll numbers.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.It isn’t unusual for a candidate who is facing legal problems to say they will stay in a race regardless of whether they are prosecuted or to claim that an investigation is politically motivated. But it is uncharted territory for a former president running as the poll leader in primaries to intertwine a candidacy with a defense against investigations.Several people close to Mr. Trump have said he believes his presidential campaign can be used as a cudgel to hit back against the prosecutors. In his remarks on Saturday, Mr. Trump repeatedly cast the prosecutors as corrupt and politically motivated, citing no evidence. As he has for years, he cast the investigations not as result of his own actions, but as an effort to silence the voices of his supporters..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.“I am your warrior. I am your justice,” Mr. Trump told the crowd, before appearing to promise payback if elected to a new term. “And for those who have been wronged and betrayed, I am your retribution.”He went on to describe the campaign in stark, nearly apocalyptic terms: “This is it, either they win or we win. And if they win, we no longer have a country.”Mr. Trump insisted he became a target once he joined politics.“I didn’t know the word ‘subpoena,’” said Mr. Trump, who has sued and been sued hundreds and hundreds of times in civil courts and was first investigated by federal officials in the 1970s in Brooklyn.Mr. Trump explicitly tried to link his candidacy with the status of potential prosecutions. “Every time the polls go up higher and higher, the prosecutors get crazier and crazier,” he said.In reality, the Jan. 6 riot, during which Mr. Trump’s supporters attacked the Capitol, had a damaging effect on Mr. Trump’s poll numbers. His support also fell in the weeks after the F.B.I.’s search of Mar-a-Lago in August to recover documents. Mr. Trump’s aides claimed they had performed a diligent search in response to a grand jury subpoena. Some of the material the F.B.I. found was among the most secret information the government had.Mr. Trump’s remarks on Saturday were only his latest attempt to embrace the Capitol riot and his supporters who participated.Over the summer, Mr. Trump met with Cynthia Hughes, the founder of the Patriot Freedom Project, one of the largest legal defense funds for people charged in connection with the attack, according to three people familiar with the project.The meeting led to a video statement of support from Mr. Trump that was played at an event the group held in Washington in December. Several people connected to the Patriot Freedom Project were ultimately disappointed that Mr. Trump personally donated only $10,000 to the organization.Mr. Trump also contributed to a song released this week on streaming services called “Justice for All” that featured several Jan. 6 defendants who were being held in a jail in Washington before their trials. In the song, Mr. Trump can be heard reciting the “Pledge of Allegiance” as the group of 20 or so inmates, calling themselves the J6 Prison Choir, sing “The Star-Spangled Banner,” which they do nightly at the jail.Alan Feuer More

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    Trump Asks Judge to Block Pence’s Testimony to Grand Jury

    The former president’s lawyers cited executive privilege, a tactic they have used with other ex-Trump aides.Former President Donald J. Trump has filed a motion asking a federal judge to prevent his former vice president, Mike Pence, from testifying to a grand jury about specific issues that Mr. Trump is claiming are protected by executive privilege, a person briefed on the matter said.The filing is unsurprising — Mr. Trump’s lawyers have repeatedly sought to assert executive privilege over former aides as a means of blocking testimony — but it underscores how much the Justice Department’s attempts to get Mr. Pence to testify in the investigation into Mr. Trump’s efforts to cling to power may be drawn out.The sealed filing was made on Friday, according to the person briefed on the matter. Its existence was reported earlier by CNN. A spokesman for Mr. Trump did not respond to a request for comment.Mr. Pence was recently subpoenaed for grand jury testimony after negotiations between his team and the Justice Department over his appearance came to an impasse, people briefed on the matter said. Mr. Pence is a key potential witness in the investigation, as the person Mr. Trump pressured repeatedly to thwart the certification of Joseph R. Biden Jr.’s Electoral College victory by Congress.Mr. Trump took his pressure campaign public several times, including on Jan. 6, 2021, the day of the congressional session, which Mr. Pence had a ceremonial role in overseeing. At a rally near the White House before it began, Mr. Trump publicly pressured Mr. Pence and then directed his supporters to go to the Capitol in protest.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.The pro-Trump mob ultimately overran the Capitol building, with some chanting, “Hang Mike Pence!”The New York Times reported earlier that the Justice Department had filed what amounted to a pre-emptive move to say executive privilege did not apply, seeking to compel Mr. Pence’s testimony in the matter. Before that motion was filed, Mr. Trump’s lawyers had sent a letter to prosecutors saying they were not going to waive executive privilege with regard to Mr. Pence’s testimony.Mr. Pence has said he will try to fight the subpoena, but has indicated it will be under the “speech or debate” clause of the Constitution, which applies to legislators. His argument is under the auspices of his role as president of the Senate..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.The investigation is being led by a special counsel, Jack Smith, whose aggressive moves to advance the case have contrasted with the Justice Department’s handling of the Jan. 6-related investigation previously.But it is unclear how quickly it will be settled. The matter could take months, at a time when Mr. Trump is a presidential candidate for the Republican nomination and Mr. Pence is considering a campaign of his own.Mr. Trump’s lawyers also sought to block testimony by two of Mr. Pence’s top aides: his former chief counsel Greg Jacob and his former chief of staff Marc Short. The privilege disputes have been dealt with by the chief federal judge in Washington, Judge Beryl A. Howell, who is stepping down this month and will be replaced by a new chief judge.In the cases of Mr. Jacob and Mr. Short, she ruled that they had to testify on issues that Mr. Trump had sought to shield through executive privilege, people briefed on the matter said at the time.Grand jury subpoenas in the Jan. 6 case were also recently issued to Mr. Trump’s daughter Ivanka and son-in-law Jared Kushner. It remains unclear whether Mr. Trump will seek to assert executive privilege there. More

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    Fox Leaders Wanted to Break From Trump but Struggled to Make It Happen

    Executives and top hosts found themselves in a bind after Donald Trump began pushing unfounded claims about election fraud, court filings show.Five days after a pro-Trump mob attacked the U.S. Capitol, a board member of the Fox Corporation, Anne Dias, reached out to Rupert and Lachlan Murdoch with an urgent plea.“Considering how important Fox News has been as a megaphone for Donald Trump,” she said, it was time “to take a stance.” Ms. Dias, who sounded shaken by the riot, said she thought Fox News and the nation faced “an existential moment.”As quickly as the two Murdochs began discussing how to respond, their bind became evident.“Just tell her we have been talking internally and intensely,” Rupert Murdoch, whose family controls the company, wrote in an email. Fox News, he told his son, “is pivoting as fast as possible.” But he sounded a note of caution: “We have to lead our viewers, which is not as easy as it might seem.”Ever since Donald J. Trump announced his presidential campaign in 2015, Rupert Murdoch and his Fox News Channel have struggled with how to handle the man and the movement they helped create.“Navigating” the delicate balance between truth and “crazy” was how Mr. Murdoch described his challenge in emails made public this week as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News, which is expected to go to trial in April.For the most part, Mr. Murdoch has been wildly successful at striking the balance. Fox converted Mr. Trump’s mass following into loyal viewers who deliver Mr. Murdoch and his shareholders huge profits.A 2018 headline about President Donald J. Trump that was displayed outside Fox News studios in New York.Mark Lennihan/Associated PressBut the emails among the Murdochs and the senior leadership of their companies, along with depositions of both men as part of the case, revealed just how Fox and its leaders strained to push back against Mr. Trump when he began spreading unfounded claims about widespread election fraud.The leadership of Fox and its star hosts are often viewed from the outside as power brokers in Republican politics — with much justification. But in the wake of the election, they appeared fearful of alienating Mr. Trump’s supporters, almost to the point of powerlessness, court filings containing internal communications and depositions show.Privately, the executives and hosts expressed despair and disgust at the Trump associates who were using Fox News’s platforms to spread bogus allegations of voter fraud. Yet the wishes of the audience — or how the network’s executives interpreted them — dictated which guests were booked, what kind of new programming was created, what correspondents could say on the air and even which people lost their jobs, according to the details in a 212-page brief that Dominion filed in a Delaware state court this week.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.Fox News has expressed confidence that Dominion’s claims will fall apart once their full context becomes apparent at the trial. “Dominion blatantly misconstrued the facts by cherry-picking sound bites, omitting key context and mischaracterizing the record,” a Fox News spokeswoman said.As it became evident that some of Fox’s audience was turning against it after it projected President Biden’s victory, and viewers started switching to hard-right alternatives like Newsmax, people inside the network scrambled to stanch the bleeding.Even as executives raised concerns about Mr. Trump to one another, they came down hard on those seen as too tough on him.Eleven days after the election, for instance, Lachlan Murdoch became irritated watching the Fox News correspondent Leland Vittert’s reporting on a pro-Trump rally in Washington, considering it too critical. Mr. Murdoch called Mr. Vittert’s coverage “smug and obnoxious” in a message to Suzanne Scott, chief executive of Fox News Media. Ms. Scott responded that she was “calling now,” to direct someone to relay the message to the correspondent and his producer.As word of Mr. Murdoch’s complaint made its way down the food chain, the executive in charge of Fox’s weekend programming, David Clark, also weighed in, telling a colleague in an email that he had texted Mr. Vittert “and told him to cut it out.”To Lachlan Murdoch, there seemed to be no detail too small to complain about if he believed it was hurting the bond that Fox News had forged with its audience over the years. He also complained to Ms. Scott at one point about what he saw as the negative tone toward Mr. Trump in the chyron — the block of text that appears at the bottom of the screen. It was too wordy, he said, and too negative about the president.Lachlan Murdoch complained that a Fox News reporter’s coverage of a pro-Trump rally was “smug and obnoxious.”Mike Cohen for The New York TimesRupert Murdoch offered Ms. Scott suggestions on booking guests who were known to Trump supporters as loyal defenders. One person he proposed in late November 2020 was the former national security adviser Michael T. Flynn, who had pleaded guilty in 2017 to lying to federal investigators about his contacts with a Russian ambassador. A week after Mr. Murdoch sent his note, Dominion’s filing says, Mr. Flynn appeared on Maria Bartiromo’s Fox Business program.The elder Mr. Murdoch also told Ms. Scott to get rid of a senior Fox News manager, Bill Sammon, telling her that it would go a long way with the former president’s core supporters. “Maybe best to let Bill go right away,” he told Ms. Scott on Nov. 20. Mr. Sammon ran the network’s Washington bureau and oversaw the unit that was responsible for Fox’s early — and correct — decision to project that Mr. Biden would win Arizona. That call had infuriated Mr. Trump and his supporters.Mr. Murdoch explained to Ms. Scott that the firing would “be a big message with Trump people.” According to the Dominion brief, Mr. Sammon was told that he was being let go that same day.As Fox executives stamped out skepticism of Mr. Trump in the network’s coverage, they also grew disillusioned with the increasing amount of “crazy” on their airwaves, as Rupert Murdoch described the Trump legal adviser Sidney Powell in an email to a friend, according to the legal filings. By early December 2020, as Mr. Trump’s claims of being cheated grew more far-fetched, Mr. Murdoch acknowledged how difficult it had become to continue delivering coverage that didn’t insult loyal, pro-Trump viewers without stating the obvious: The president was lying to them about his loss.In one message to Ms. Scott, Mr. Murdoch lamented Mr. Trump’s performance at a rally in Georgia where he called for Gov. Brian Kemp to help overturn the election, as well as other recent comments from the president. “All making it harder to straddle the issue! We should talk through this,” he wrote.After Jan. 6, 2021, as hopes among many conservatives skeptical of Mr. Trump swelled that the Republican Party might finally be done with him, some of his biggest stalwarts inside Fox News seemed to be backing away from him — even the host Sean Hannity, one of Mr. Trump’s most dedicated on-air supporters, according to Mr. Murdoch’s emails.“Wake-up call for Hannity,” Mr. Murdoch wrote in an email on Jan. 12, 2021, to Paul D. Ryan, the former Republican speaker of the House and a Fox Corporation board member. Mr. Murdoch explained that the host had been “privately disgusted by Trump for weeks, but was scared to lose viewers.”For a time, at least. It did not take long for Mr. Hannity and other prime-time hosts, including Tucker Carlson, to begin talking about the attack and its aftermath as Mr. Trump and his supporters preferred.In the opening monologue of one of his shows in June 2022, with a congressional investigation into the assault in full swing, Mr. Hannity told his audience, “January 6 is just another excuse to smear Donald Trump and anyone who supports them.” More

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    Mike Pence Should Drop His Grand Jury Subpoena Gambit

    Former Vice President Mike Pence recently announced he would challenge Special Counsel Jack Smith’s subpoena for him to appear before a grand jury in Washington as part of the investigation into former President Donald Trump’s efforts to overturn the 2020 presidential election and the related Jan. 6 attack on the U.S. Capitol. Mr. Pence claimed that “the Biden D.O.J. subpoena” was “unconstitutional” and “unprecedented.” He added, “For me, this is a moment where you have to decide where you stand, and I stand on the Constitution of the United States.” Mr. Pence vowed to take his fight all the way to the Supreme Court.A politician should be careful what he wishes for — no more so than when he’s a possible presidential candidate who would have the Supreme Court decide a constitutional case that could undermine his viability in an upcoming campaign.The former vice president should not want the embarrassing spectacle of the Supreme Court compelling him to appear before a grand jury in Washington just when he’s starting his campaign for the presidency; recall the unanimous Supreme Court ruling that ordered Richard Nixon to turn over the fatally damning Oval Office tapes. That has to be an uncomfortable prospect for Mr. Pence, not to mention a potentially damaging one for a man who — at least as of today — is considered by many of us across the political spectrum to be a profile in courage for his refusal to join in the attempt to overturn the 2020 election in the face of Donald Trump’s demands. And to be clear, Mr. Pence’s decision to brand the Department of Justice’s perfectly legitimate subpoena as unconstitutional is a far cry from the constitutionally hallowed ground he stood on Jan. 6.Injecting campaign-style politics into the criminal investigatory process with his rhetorical characterization of Mr. Smith’s subpoena as a “Biden D.O.J. subpoena,” Mr. Pence is trying to score points with voters who want to see President Biden unseated in 2024. Well enough. That’s what politicians do. But Jack Smith’s subpoena was neither politically motivated nor designed to strengthen President Biden’s political hand in 2024. Thus the jarring dissonance between the subpoena and Mr. Pence’s characterization of it. It is Mr. Pence who has chosen to politicize the subpoena, not the D.O.J.As to the merits of his claim, The New York Times and other news media have reported that Mr. Pence plans to argue that when he presided over the joint session of Congress on Jan. 6 as president of the Senate, he was effectively a legislator and therefore entitled to the privileges and protections of the Constitution’s “speech or debate” clause. That clause is intended to protect members of Congress from questioning and testifying about official legislative acts. Should the courts support his claim, Mr. Pence would not be required to comply with Mr. Smith’s subpoena. Mr. Pence may also be under the impression that the legal fight over his claim will confound the courts, consuming months, if not longer, before he receives the verdict — but it’s unclear what he hopes to gain from the delay. One would have thought Mr. Pence would have seized the propitious opportunity afforded him by Mr. Smith, most likely weeks or months before he even decides whether he will run for the presidency.If Mr. Pence’s lawyers or advisers have told him that it will take the federal courts months and months or longer to decide his claim and that he will never have to testify before the grand jury, they are mistaken. We can expect the federal courts to make short shrift of this “Hail Mary” claim, and Mr. Pence doesn’t have a chance in the world of winning his case in any federal court and avoiding testifying before the grand jury.Inasmuch as Mr. Pence’s claim is novel and an unsettled question in constitutional law, it is only novel and unsettled because there has never been a time in our country’s history where it was thought imperative for someone in a vice president’s position, or his lawyer, to conjure the argument. In other words, Mr. Pence’s claim is the proverbial invention of the mother of necessity if ever there was one.Any protections the former vice president is entitled to under the “speech and debate” clause will be few in number and limited in scope. There are relatively few circumstances in which a former vice president would be entitled to constitutional protection for his conversations related to his ceremonial and ministerial roles of presiding over the electoral vote count. What Mr. Smith wants to know about are Mr. Pence’s communications and interactions with Mr. Trump before, and perhaps during, the vote count, which are entirely fair game for a grand jury investigating possible crimes against the United States.Whatever the courts may or may not find the scope of any protection to be, they will unquestionably hold that Mr. Pence is nonetheless required to testify in response to Mr. Smith’s subpoena. Even if a vice president has “speech or debate” clause protections, they will yield to a federal subpoena to appear before the grand jury. This is especially true where, as here, a vice president seeks to protect his conversations with a president who himself is under federal criminal investigation for obstructing the very official proceedings in which the special counsel is interested.Mr. Pence and his inner circle should be under no illusion that the lower federal courts will take their time dispensing with this claim. The courts quickly disposed of Senator Lindsey Graham’s “speech or debate” clause claim, requiring him to testify before the grand jury empaneled in Fulton County, Ga. — and his claim was far stronger than Mr. Pence’s. In the unlikely event that Mr. Pence’s claim were to make it to the Supreme Court, it, too, could be expected to take swift action.Mr. Pence undoubtedly has some of the finest lawyers in the country helping him navigate this treacherous path forward, and they will certainly earn their hefty fees. But in cases like this, the best lawyers earn their pay less when they advise and argue their clients’ cases in public than when they elegantly choreograph the perfect exit in private — before their clients get the day in court they wished for.Mr. Pence’s lawyers would be well advised to have Jack Smith’s phone number on speed dial and call him before he calls them. The special counsel will be waiting, though not nearly as long as Mr. Pence’s lawyers may be thinking. No prosecutor, least of all Mr. Smith, will abide this political gambit for long. And Mr. Pence shouldn’t let this dangerous gambit play out for long. If he does, it will be more than he wished for.It is a time-tested axiom in the law never to ask questions you don’t know the answer to. This should apply to politicians in spades. But the die has been cast by the former vice president. The only question now is not whether he will have to testify before the grand jury, but how soon. The special counsel is in the driver’s seat, and the timing of Mr. Pence’s appearance before the grand jury is largely in his hands. Mr. Smith will bide his time for only so long.J. Michael Luttig, a former judge on the United States Court of Appeals for the Fourth Circuit, provided advice to then-Vice President Mike Pence on the run-up to the Electoral College count on Jan. 6, 2021.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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    Special Counsel Seeks to Force Pence to Testify Before Jan. 6 Grand Jury

    Prosecutors have asked a federal judge to set aside any claims of executive privilege that former Vice President Mike Pence might raise to avoid answering questions.The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President Donald J. Trump’s efforts to overturn the 2020 election, seeking to cut short any attempt by Mr. Trump to use executive privilege to shield Mr. Pence from answering questions, two people familiar with the matter said on Thursday.The request — amounting to a pre-emptive motion to compel Mr. Pence’s testimony — came before the former vice president had even appeared in front of the grand jury, and before any privilege claims had actually been raised in court.The sealed motion, filed in recent days in Federal District Court in Washington, is the latest step in a long-running behind-the-scenes struggle, first by the Justice Department and now by the office of the special counsel, Jack Smith, to cut through the various assertions of privilege that witnesses close to Mr. Trump have repeatedly raised in an effort to avoid answering questions.The privilege disputes have been handled by Judge Beryl A. Howell, the chief federal judge in Washington, who oversees all of the district’s grand jury matters, which as a rule are conducted in secret. Judge Howell is expected to step down from her position next month and be replaced by another chief judge.Also on Thursday, Judge Howell rejected a request by reporters at The New York Times and Politico to unseal her rulings and associated filings about legal fights ancillary to the material presented to the Jan. 6 grand jury itself, such as hidden wrangling over whether Mr. Trump’s former aides could lawfully decline to answer questions based on executive privilege.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.Last week, people close to Mr. Pence previewed his attempt to fight the grand jury subpoena by saying that the former vice president planned to argue that his role as the president of the Senate meant he was protected from legal scrutiny by the executive branch — including the Justice Department — under the Constitution’s “speech or debate” clause. That provision is intended to protect the separation of powers.Such an approach would be a departure from the more traditional argument that a vice president’s interactions with a president would be subject to executive privilege, a power asserted by presidents to shield certain internal executive branch deliberations, especially confidential communications involving the president or among his top aides..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.But the special counsel’s motion to compel Mr. Pence’s testimony — reported earlier by CBS News — did not address his expected arguments about the “speech or debate” clause, the two people familiar with the matter said. Rather, it focused on the issue of executive privilege and advanced the proactive argument that Mr. Pence should not be permitted to avoid answering questions by invoking it on Mr. Trump’s behalf, the people said.A spokesman for Mr. Pence declined to comment. Joshua Stueve, a spokesman for the special counsel’s office, also declined to comment.In the fall, two former aides to Mr. Pence, Marc Short and Greg Jacob, asserted claims of both executive and attorney-client privilege in a bid to limit their own testimony in front of the grand jury investigating Mr. Trump’s role in overturning the election. The Justice Department filed a sealed motion at the time seeking to compel their testimony, and both men ultimately answered questions.Not long after, Pat A. Cipollone and Patrick F. Philbin, the two top lawyers in Mr. Trump’s White House, tried a similar gambit. Again, the Justice Department prevailed, at least in part, and both men were made to answer questions in front of the grand jury.Witnesses close to Mr. Trump have also raised claims of privilege in an effort to avoid answering questions in a separate grand jury investigation: one that is examining Mr. Trump’s handling of sensitive government documents that he took with him after leaving office to Mar-a-Lago, his private club and residence in Palm Beach, Fla.This month, one of Mr. Trump’s lawyers in that case, M. Evan Corcoran, invoked attorney-client privilege after being subpoenaed to answer questions in front of the grand jury. The special counsel’s office responded by filing a motion to Judge Howell, asking her to set aside the privilege claims under what is known as the crime-fraud exception.The crime-fraud exception allows prosecutors to work around attorney-client privilege if they can convince a judge that there is reason to believe that legal advice or legal services have been used in furthering a crime.This week, lawyers for Mr. Trump filed a response saying the crime-fraud exception did not apply to Mr. Corcoran.Charlie Savage More

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    Nikki Haley’s Run for the Presidency

    More from our inbox:Tucker Carlson’s Spin on the Jan. 6 TapesA Descent Into DementiaAgeism and CovidRisk Management Haiyun Jiang/The New York TimesTo the Editor:Re “Run by Haley Is a Tightrope in the G.O.P.” (front page, Feb. 19):Nikki Haley has no choice but to to use her gender to promote her candidacy. It is the only thing that distinguishes her from the pack of hypocritical, unprincipled Republican politicians likely to run for president.She long ago joined the ranks of Lindsey Graham, Ted Cruz, Marco Rubio, etc., who discarded their justifiable contempt for Donald Trump in favor of attaining or retaining elective office. In her singular pursuit of the presidency she’s discarded any integrity she might have once had.Ms. Haley is unqualified to be president not because she is a woman, but because she became “one of the boys” — the boys who sold their souls for power and position.Jay AdolfNew YorkTo the Editor:Re “Could Haley Be Our Next President?” (Opinion, Feb. 19):It’s independents who often swing elections, and not one of the Times Opinion writers discussing Nikki Haley’s chances considered her appeal to these voters. By thinking only of how she does or doesn’t fit within the current Republican Party, they miss her considerable appeal as a non-Trumpian traditional Republican, which will attract swing independents.Thomas B. RobertsSycamore, Ill.To the Editor:As an immigrant from India, a woman and an independent voter who sometimes voted Republican pre-Trump, I was excited when Nikki Haley became governor of South Carolina. But I do not support Ms. Haley’s presidential candidacy.David Brooks nailed it, saying “there was an awful lot of complicity and silence when she served under Trump.” She subverted her independence and her fighting spirit by becoming part of Donald Trump’s establishment.No self-respecting Democrat would ever cross party lines to vote for Ms. Haley even if she miraculously manages to secure the nomination. She would not beat Joe Biden!Mona JhaMontclair, N.J.To the Editor:Nikki Haley kicked off her campaign by suggesting that politicians over 75 should be required to take mental competency tests, implying that Donald Trump and President Biden were too old to be president.She would do well to remember Ronald Reagan’s quip during the 1984 presidential debates with Walter Mondale: “I will not make age an issue of this campaign. I am not going to exploit for political purposes my opponent’s youth and inexperience.”Robert BatyOakland, Calif.To the Editor:Re “The Fox Newsification of Nikki Haley,” by Thomas L. Friedman (column, Feb. 22):Mr. Friedman isn’t taking into account what Nikki Haley must do to win the Republican nomination.Questions about the pandemicCard 1 of 4When will the pandemic end? More