Storming of the US Capitol (Jan, 2021)

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      Mike Pence Should Drop His Grand Jury Subpoena Gambit

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      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

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      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

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      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

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      Here’s the Status of the Four Criminal Investigations Into Donald Trump

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      The revelations from grand jury proceedings in Georgia are the latest signs that federal and local inquiries into the former president could reach key decision points in coming months.When the forewoman of a Georgia grand jury investigating allegations of election interference by former President Donald J. Trump and his advisers gave a series of highly public — and highly unusual — interviews this week, she suggested that the case might soon be headed toward indictment.Three other criminal inquiries involving Mr. Trump have also been progressing relatively quickly — if not quite as fast — in recent months, with the Justice Department pressing forward in Washington and a local prosecutor moving ahead in New York.No former president has ever confronted the barrage of legal threats that Mr. Trump now faces, all of which appear to be heading toward decision points by the authorities in coming months. Heightening the stakes, the inquiries have intensified just as Mr. Trump has started ramping up his third campaign for the White House.Beyond the Georgia case, Mr. Trump is under investigation by a special counsel in Washington for his role in seeking to overturn the results of the 2020 election and for his potential mishandling of classified documents. At the same time, local authorities in New York are looking into whether Mr. Trump authorized and was involved in falsely accounting for hush money payments to a pornographic film actress who said she had an affair with him.Even though much about the inquiries seems straightforward — “It’s not rocket science,” the forewoman in Georgia, Emily Kohrs, told The New York Times — each of the cases is layered with its own array of legal complexities that make predicting an outcome difficult. And that is to say nothing about the potential complications of bringing charges in the midst of a presidential campaign against a pugnacious figure like Mr. Trump, who has long assailed attempts by the authorities to hold him accountable as hoaxes and politically motivated witch hunts.Here is a look at the status of each of the criminal investigations confronting Mr. Trump.In Georgia, the Fulton County district attorney, Fani T. Willis, is looking at a variety of possible charges related to Mr. Trump’s efforts to reverse his 2020 election loss in the state.Lynsey Weatherspoon for The New York TimesGeorgia: Election InterferenceThe Georgia investigation presents two areas of exposure for Mr. Trump.One is his direct involvement in recruiting a slate of alternate presidential electors, even after Georgia’s results were recertified by the state’s Republican leadership. “We definitely talked about the alternate electors a fair amount,” Ms. Kohrs said. The other centers on phone calls Mr. Trump made to pressure state officials after the election, including one in which he told Brad Raffensperger, Georgia’s secretary of state, that he needed to “find” 11,780 votes — one more than Joseph R. Biden Jr.’s margin of victory in the state.The decision about whether to charge Mr. Trump will ultimately be made by the Fulton County district attorney, Fani T. Willis, who has been investigating the case for the last two years. Ms. Willis’s office has said it is considering everything from conspiracy and racketeering to narrower charges, such as criminal solicitation to commit election fraud.The special grand jury that Ms. Kohrs served on produced a report last month after hearing testimony since last June, but most of the report has been kept secret. In an interview this week, Ms. Kohrs said the grand jurors had recommended that several people be indicted on a range of charges, but declined to provide names before the full report was released.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.In the small portion of the report that was released, the jurors said they saw potential evidence of perjury by “one or more” witnesses. But Ms. Kohrs said the jurors appended eight pages of criminal code citations to their report, hinting at its breadth.A number of legal experts have said Mr. Trump faces significant jeopardy in the Georgia inquiry.“His risk of being charged was already substantial even before the grand jury report excerpts,” said Norman Eisen, a lawyer who served as special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment trial. “The foreperson’s comments make that virtually certain.”Special Counsel: Overturning the ElectionThe Justice Department has been asking questions for more than a year about Mr. Trump’s sprawling efforts to overturn the election and whether he committed any crimes in connection with the Jan. 6, 2021, attack on the Capitol. The investigation — one of two inherited in November by the special counsel, Jack Smith — has used a variety of methods and has gathered an enormous amount of information.Federal agents have seized cellphones and other devices from pro-Trump lawyers like John Eastman and Jeffrey Clark — as well as from one of Mr. Trump’s chief congressional allies, Representative Scott Perry, Republican of Pennsylvania.Prosecutors have issued grand jury subpoenas to several state Republican officials and to dozens of Trump administration lawyers and officials. Those include people like Mark Meadows, Mr. Trump’s onetime chief of staff, and former Vice President Mike Pence, who presumably have knowledge of the former president’s thoughts and behavior in weeks leading up to Jan. 6. In the most recent sign the investigation is continuing apace, Mr. Smith has issued subpoenas to Mr. Trump’s daughter Ivanka and his son-in-law Jared Kushner..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.Investigators have also been poring over thousands of pages of interviews conducted by the House select committee investigating Jan. 6, which recommended that Mr. Trump be prosecuted for crimes including inciting insurrection, conspiracy to defraud the United States, and the obstruction of a proceeding before Congress.One of the chief strands of the inquiry has focused on the plan to create false slates of pro-Trump electors in swing states actually won by Mr. Biden, mirroring one element of the Georgia investigation. Federal investigators have also been scrutinizing the broad claims by Mr. Trump and his allies that the election was marred by fraud, and a series of payments made by Save America PAC, Mr. Trump’s chief postelection fund-raising vehicle.Mr. Smith’s office has been tight-lipped about his plans, although several people familiar with the investigation have said that prosecutors could complete their work by spring or early summer. The process has often been slowed by time-consuming litigation as witnesses like Mr. Pence have sought to avoid or limit their grand jury testimony with various legal arguments.It remains unclear if Mr. Smith will ultimately indict Mr. Trump. But several legal experts — including Timothy J. Heaphy, a former U.S. attorney who led the House’s Jan. 6 investigation — have said that the key to bringing charges is obtaining clear-cut evidence that Mr. Trump intended to break the law.“When we started to see intentional conduct, specific steps that appear to be designed to disrupt the joint session of Congress, that’s where it starts to sound criminal,” Mr. Heaphy told The Times this week. “The whole key for the special counsel is intent.”Last August, the F.B.I. searched Mar-a-Lago, Mr. Trump’s private club and residence, and found more than 100 classified documents, after one of his lawyers had attested that no more were there.Marco Bello/ReutersSpecial Counsel: Classified DocumentsThe investigation into Mr. Trump’s handling of classified documents began in earnest last May with a subpoena. It sought the return of any classified material still in his possession, after he had voluntarily handed over an initial batch of records that turned out to include almost 200 classified documents.Within a month, a lawyer for Mr. Trump, M. Evan Corcoran, gave investigators more than 30 additional documents in response to the subpoena. Around the same time, another lawyer, Christina Bobb, asserted that a “diligent search” had been conducted at Mar-a-Lago, Mr. Trump’s private club and residence in Florida, assuring prosecutors there were no more documents with classification markings.But the inquiry took a dramatic turn in August when acting on a search warrant, the F.B.I. descended on Mar-a-Lago and discovered more than 100 additional classified documents. The affidavit submitted by the Justice Department in seeking the search warrant said that investigators had “probable cause to believe that evidence of obstruction” would be discovered.Mr. Pence and President Biden have also faced scrutiny for having classified materials in their possession — in Mr. Biden’s case, a separate special counsel investigation is underway. In the case of Mr. Trump, prosecutors have focused on a few key questions: Did Mr. Trump knowingly remove the sensitive records from the White House and did he willfully hold on to them in violation of the Espionage Act? Moreover, did he try to hinder investigators from figuring out why or where he kept them?To answer those questions, prosecutors have interviewed several junior aides to Mr. Trump and compelled grand jury testimony from more senior aides like Kash Patel.They have also sought to force Mr. Corcoran to testify fully in front of the grand jury. Mr. Corcoran tried to avoid answering questions by asserting attorney-client privilege on behalf of Mr. Trump. But the prosecutors have sought to pierce that privilege with the so-called crime-fraud exception, which can be invoked when there is evidence that legal advice or services have been used in furthering a crime.It remains unclear whether Mr. Smith will bring charges in this inquiry either. While no evidence exists at this point that Mr. Biden or Mr. Pence have sought to obstruct investigations into their own handling of documents — both brought their possession of the documents to the attention of the Justice Department — the parallel probes have complicated the political landscape and could give Mr. Trump a reason to cry foul if he is charged and the others are not.Manhattan District Attorney: Stormy DanielsThe investigation into Mr. Trump’s role in paying hush money to the porn actress Stormy Daniels has spanned five years, two Manhattan district attorneys and multiple grand juries.But recently, prosecutors under the current district attorney, Alvin L. Bragg, appear to have moved closer than ever to indicting the former president. Last month, they began presenting evidence to a newly seated grand jury, which has heard from several witnesses as the office lays the groundwork for potential charges against Mr. Trump.The case would likely center on whether Mr. Trump and his company falsified business records to hide the payments to Ms. Daniels in the days before the 2016 election. But an indictment — let alone a conviction — is hardly assured.Any prosecution of the case would rely on testimony from Michael D. Cohen, Mr. Trump’s former personal lawyer, who made the payment to Ms. Daniels and who pleaded guilty himself in 2018 to federal charges. Mr. Trump reimbursed Mr. Cohen for the $130,000 he paid out, and according to court papers in Mr. Cohen’s case, Mr. Trump’s company falsely identified the reimbursements as legal expenses.In New York, it is a misdemeanor to falsify business records. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records to help commit or conceal a second crime — in this case, violating New York State election law, a legal theory that has not been tested. Mr. Trump has denied all wrongdoing and lashed out at the prosecutors for leading what he calls a partisan witch hunt against him. He has also denied having an affair with Ms. Daniels.Under Mr. Bragg’s predecessor, Cyrus R. Vance Jr., the district attorney’s office had begun presenting evidence to an earlier grand jury about a far broader case focused on Mr. Trump’s business practices, including whether he fraudulently inflated the value of his assets by billions of dollars to secure favorable loans and other benefits.But in the early weeks of his tenure last year, Mr. Bragg developed concerns about the strength of that case and halted the grand jury presentation, prompting the resignations of two senior prosecutors leading the investigation.Jonah E. Bromwich More

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      Trump Spent $10 Million From His PAC on His Legal Bills Last Year

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      Now that the former president is a declared candidate again, there are questions about whether he can continue using donor funds to pay his lawyers.Former President Donald J. Trump, who throughout his business career had a reputation for not paying lawyers, spent roughly $10 million from his political action committee on his own legal fees last year, federal election filings show.The money that went to Mr. Trump’s legal bills was part of more than $16 million that Mr. Trump’s PAC, Save America, spent for legal-related payments in 2021 and 2022, the filings show.Some of the $16 million appears to have been for lawyers representing witnesses in investigations related to Mr. Trump’s efforts to cling to power. But the majority of it — about $10 million — went to firms directly representing Mr. Trump in a string of investigations and lawsuits, including some related to his company, the filings showed.Mr. Trump was well-known in New York City before winning the presidency in 2016 for refusing to pay his bills to a wide range of service providers and contractors. Lawyers were no exception, with Mr. Trump often saying people got free advertising by being involved with him.The recent spending related to Mr. Trump is notable not just for the sheer volume — it represented about 19 percent of the PAC’s total expenditures outside of transfers to one of his other political committees and those backing other candidates — but also because Mr. Trump is now a declared candidate for president again.Some campaign finance experts are raising questions about whether, as a candidate, Mr. Trump can continue to use the PAC to pay for his personal legal bills. Those questions are arising as he faces legal challenges on various fronts as well as intense scrutiny by the Justice Department and prosecutors in Georgia and New York.According to some campaign finance experts, having the PAC continue to pay his legal bills now that he is a candidate would be seen as a contribution to him, and therefore be subject to legal limits.“Payments by a PAC that exceed the contribution limit are contributions to the candidate and are unlawful,” said Jason Torchinsky, a campaign finance expert and lawyer with the firm Holtzman Vogel, referring to the limit on individual donations to candidates, which is set at $3,300 for the current two-year political cycle.Adav Noti, of the Campaign Legal Center, a group that has called on the Federal Election Commission to more strictly enforce the rules on personal use of campaign donations, called what is permissible a “gray area.” The Federal Election Commission has yet to provide the guidance on the issue that campaign finance experts have sought.The vast majority of Mr. Trump’s PAC money was raised before he officially entered the 2024 presidential race on Nov. 15. At the end of last year, the PAC had just over $18 million in cash on hand, its federal filings show.The Justice Department has been subpoenaing documents from vendors paid by the PAC, including law firms, in an effort to determine what they were being paid for..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.A spokesman for Mr. Trump did not respond to an email asking if Mr. Trump would still use Save America for his personal legal bills. Mr. Trump’s PAC was formed in late 2020 after the November election, as Mr. Trump was raising massive sums of money by vowing to fight what he claimed was widespread election fraud.Mr. Trump spent some of the money on fruitless efforts to show widespread election fraud. He also used it to defend against various matters related to the attack on the Capitol by a pro-Trump mob on Jan. 6, 2021. The PAC that Mr. Trump’s advisers set up allowed for general use of the money so long as it did not directly support a future candidacy.The single biggest payment that Mr. Trump made from the PAC money to a law firm last year — $3 million — went to the Florida-based law firm Critton, Luttier and Coleman, which is affiliated with Christopher M. Kise, a former solicitor general of Florida. Mr. Kise joined Mr. Trump’s team initially to take on the Mar-a-Lago documents case and he is now involved in defending Mr. Trump and his company in a fraud suit filed by the New York attorney general, Letitia James.An additional $930,000 went to Continental, a law firm at which Mr. Kise is of counsel, the filings show.Another $1.3 million went to Silverman Thompson Slutkin and White, the firm of Evan Corcoran, a lawyer who began working with Mr. Trump last spring. Mr. Corcoran was brought into Mr. Trump’s orbit by Boris Epshteyn, a strategist who has played a coordinating role with some of the lawyers in cases involving Mr. Trump, as the investigation related to the Mar-a-Lago documents was heating up. (Mr. Epshteyn’s company was paid $195,000, but for broader strategic consulting, not legal consulting specifically.)The Justice Department recently filed a motion to compel Mr. Corcoran, who has appeared before a federal grand jury investigating Mr. Trump’s handling of classified documents, to give additional testimony, citing the crime-fraud exception to attorney-client privilege. The request means that prosecutors have reason to believe that legal advice or legal services may have been used by Mr. Trump or one of his allies in furthering a crime.Another roughly $1.2 million was paid to Ifrah Law, the firm of Jim Trusty, a former federal prosecutor who Mr. Trump saw on television and decided to hire.Roughly $1.3 million went to the law firm of Michael van der Veen. Mr. van der Veen represented Mr. Trump in his second impeachment trial and last year represented the Trump Organization in a tax fraud prosecution brought by the Manhattan district attorney. Mr. Trump’s company lost on all 17 counts.Another roughly $2 million was paid to the firm of Alina Habba, who represents Mr. Trump in a number of suits, including the New York attorney general suit and two suits brought by E. Jean Carroll, a New York writer who says Mr. Trump raped her in a department store changing room in the 1990s. Ms. Habba is also representing Mr. Trump in a suit against The New York Times for its reporting on Mr. Trump’s tax returns, a defamation case in Pennsylvania, and in a case against Mr. Trump’s former lawyer and fixer, Michael Cohen.There have been various smaller payments for a constellation of other lawyers who have worked with Mr. Trump on issues including the investigation in Fulton County, Ga., into possible violations of election law and the subpoena he received from the House Jan. 6 committee. Those lawyers include Jesse Binnall, Harmeet Dhillon and Tim Parlatore, as well as the firms Earth and Water, Level Law, Weber Crabb and Wein and Wilenchik and Bartness.Some of those firms also represent or advise other witnesses in the investigations related to Mr. Trump, such as the former White House adviser Peter Navarro.One person for whom the money has not been used is Rudolph W. Giuliani, Mr. Trump’s former personal lawyer. Mr. Trump told aides in late 2020 that he did not want Mr. Giuliani paid for his work on Mr. Trump’s behalf unless he succeeded in undoing the election results, and Mr. Giuliani’s own legal fees have not been covered by Save America.The questions of which lawyers and vendors have been paid, and for what, intensified after the House select committee investigating Mr. Trump’s efforts to cling to power told the Justice Department that it had evidence that a lawyer representing a witness had tried to coach her testimony in ways that would be favorable to Mr. Trump. The witness in question was later identified by people familiar with the committee’s work as Cassidy Hutchinson, a former White House aide.Her lawyer at the time, Stefan Passantino, was a former White House deputy counsel under Mr. Trump and was paid through Save America. He has denied the allegations and has said he represented her “honorably, ethically and fully consistent with her sole interests as she communicated them to me.” More

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      Michigan G.O.P. Leadership Race Fixates on Election Deniers

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      Matthew DePerno and Kristina Karamo, both Trump loyalists who resoundingly lost their midterm races, are the front-runners to lead the state party.LANSING, Mich. — Trump loyalists are expected to cement their takeover of Michigan’s Republican Party during its leadership vote on Saturday, most likely elevating one of two election deniers whose failed bids for office in November were emblematic of the party’s midterm drubbing in the state.Matthew DePerno, an election conspiracy theorist who is under investigation in a case involving voting equipment that was tampered with after the 2020 presidential race, is widely considered a front-runner from a field of 11 that includes no high-profile members of the Republican old guard.His closest rival appears to be Kristina Karamo, another vocal champion of former President Donald J. Trump’s election falsehoods. Both lost resoundingly last fall: Mr. DePerno, in his run for attorney general, by eight percentage points and Ms. Karamo by 14 points in the secretary of state race.The selection of either Mr. DePerno or Ms. Karamo would signal a recommitment to Mr. Trump as the state party’s north star, even though voters rejected many of his favored candidates in the midterms. The fractured state G.O.P. appears to have either purged or alienated more moderate voices and is now plotting a defiant course as the 2024 presidential election approaches.Mr. Trump urged Republican delegates to back Mr. DePerno during a telephone rally on Monday, saying that winning Michigan in 2024 was critical to his returning to the presidency. Mike Lindell, the MyPillow chief executive who has sowed conspiracy theories about election fraud, also endorsed Mr. DePerno and showed up Friday night during a packed event to support him at The Nuthouse, a sports bar near the convention center. A vehicle with video billboards on its sides touting Ms. Karamo’s candidacy circled the bar outside.Kristina Karamo at the party convention in Lansing, Mich., this past week. She lost her secretary of state race by 14 points in November.Emily Elconin for The New York TimesA consultant for Mr. DePerno, Patrick Lee, declined to answer questions about the leadership vote or the status of a prosecutor’s inquiry into the voting machines breach. But Mr. DePerno, a lawyer who has maintained that he did not break the law, used the call with Mr. Trump to cast himself as an aggressive tactician who would return the state Republican Party to viability.Ms. Karamo did not respond to requests for comment.The party’s hard-right transformation has exasperated more traditional Republicans, who said in interviews that refusal to heed the lessons of the midterms would deepen the competition gap politically and financially between the G.O.P. and Democrats in a battleground state.Former Representative Peter Meijer, whom Republican primary voters ousted last year after he voted to impeach Mr. Trump after the Jan. 6, 2021, attack on the Capitol, said in a recent interview that the state party was on the wrong track.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.“In our state, this civil war is benefiting no one but the Democrats,” he said. “Part of what the Republican Party in the state of Michigan needs to get back to is being a broad tent. To me, the fundamental challenge is, how do you rebuild trust in the state party after losses like we saw in November?”Democrats swept the governor’s race and other statewide contests last fall, in addition to flipping the full Legislature for the first time in decades.“Sadly, it looks like they want an encore,” said former Representative Fred Upton, a Republican who declined to run for re-election last year after also voting to impeach Mr. Trump.Matthew DePerno at a rally in October. Mr. DePerno lost his bid for attorney general in Michigan by eight points.Brittany Greeson for The New York TimesGarrett Soldano, an unsuccessful G.O.P. candidate for governor last year who has balked at acknowledging Mr. Biden’s 2020 victory, is running for co-chairman on the same pro-Trump “America First” ticket as Mr. DePerno..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.They both have called for reinventing the party’s donor base to include more grass-roots supporters, as has Ms. Karamo, a departure from recent history when Michigan Republicans had become reliant on prolific donors like Ron Weiser, its departing chairman, and the powerful DeVos family. But the party’s financial reserves have dwindled.Meshawn Maddock, the party’s departing co-chair, has attributed Republican losses in the state to the lack of support from longstanding donors, saying in a private briefing in November that big donors would rather “lose this whole state” than help the party’s candidates because they “hate” Mr. Trump, The Detroit News reported. Ms. Maddock did not respond to requests for comment.Both Mr. DePerno and Ms. Karamo were badly out-raised by their opponents in last year’s election, raising questions about their ability to mine cash from political donors.“Donors have said, ‘we’re not buying the crazies that you’re selling,’” said Jeff Timmer, a senior adviser for the Lincoln Project, an anti-Trump group, and a former Republican who previously served as executive director of the Michigan Republican Party.Some current and former Republican leaders in the state have suggested that Betsy DeVos, Mr. Trump’s estranged former education secretary who raised the idea of using the 25th Amendment to have him removed from office after the Capitol riot, is pulling back from the state party.The DeVos family did not marshal dollars for Mr. DePerno and Ms. Karamo last year, but it did pour $2.9 million into a super PAC supporting Tudor Dixon, a Trump-endorsed Republican who lost the governor’s race, according to campaign finance records, and it gave at least $1 million to Michigan Republicans during the most recent campaign cycle. Nick Wasmiller, a spokesman for the DeVos family, said they “invest based on enduring first principles, not fleeting flash points of the day” and in “those they believe have a serious and credible plan to win.”Michigan’s Republicans will pick a new chair during a leadership vote on Saturday. Emily Elconin for The New York TimesMr. DePerno and Mr. Soldano have outlined an intent to pack the party’s leadership ranks with Trump loyalists, close primaries to just Republicans and ratchet up the distribution of absentee ballot applications to G.O.P. voters — despite what Mr. DePerno said was lingering opposition to voting by mail within the party’s ranks.Mr. Soldano echoed Mr. DePerno during a Facebook Live broadcast on Monday, saying that relying on Election Day votes had become a flawed strategy for Republicans.“We can’t just scream anymore, ‘Hey, just show up and vote,’ because it didn’t work,” he said.While Mr. DePerno has nabbed the big-name endorsements, Ms. Karamo has her fans as well — including Mr. Forton, who said that if he doesn’t get enough votes to win he would support her instead.He highlighted that after the November election — when Ms. Karamo lost the secretary of state’s race — she did not concede, while Mr. DePerno eventually did.“To a lot of us, that makes her somewhat of a heroine,” Mr. Forton said of Ms. Karamo’s defiance.But Mr. DePerno’s legal entanglements — including the open investigation into his role in accessing voting machines after the 2020 election — have also burnished his standing with right-wing stalwarts, according to Mr. Timmer. He described Mr. DePerno as having the “it” factor for many convention delegates.“It’s similar to Trump,” he said.Last August, Michigan’s attorney general, Dana Nessel, a Democrat who went on to defeat Mr. DePerno in the November election, asked for a special prosecutor to be appointed to consider criminal charges against him and eight other election deniers in connection with what Ms. Nessel characterized as the illegal tampering with voting machines used in the 2020 election.Ms. Nessel referred to Mr. DePerno as “one of the prime instigators of the conspiracy,” but said it would not be appropriate for her to conduct an investigation into her political opponent.D.J. Hilson, the special prosector in the case, an elected Democrat from Muskegon County, said in an email on Feb. 10 that the investigation was still open. He declined to comment further and would not say whether Mr. DePerno had been subpoenaed. More

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      It’s Time to Prepare for a Possible Trump Indictment

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      “We find by unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” With those words, a Fulton County special grand jury’s report, part of which was released Thursday, repudiated Donald Trump’s assault on our democracy.The excerpts from the report did not explicitly offer new detail on a potential indictment of Mr. Trump or any other individual. But they suggest that, combined with everything else we know, Mr. Trump may very well be headed for charges in Georgia.We need to prepare for a first in our 246-year history as a nation: The possible criminal prosecution of a former president.If Mr. Trump is charged, it will be difficult and at times even perilous for American democracy — but it is necessary to deter him and others from future attempted coups.Fani Willis, the Fulton County district attorney, may present the case as a simple and streamlined one or in a more sweeping fashion. Success is more likely assured in the simpler approach, but the fact that the redacted report has eight sections suggests a broader approach is conceivable. In either event, we must all prepare ourselves for what could be years of drama, with the pretrial, trial and appeal likely dominating the coming election season.Ms. Willis opened her investigation shortly after Mr. Trump’s Jan. 2, 2021, demand that the Georgia secretary of state, Brad Raffensperger, “find 11,780 votes.” The second impeachment of Mr. Trump and the Jan. 6 committee hearings developed additional evidence about that request for fake votes and Mr. Trump and allies pushing fake electors in Georgia and nationally. There is now abundant evidence suggesting he violated Georgia statutes, like those criminalizing the solicitation of election fraud.The parts of the special grand jury’s report revealed on Thursday only reinforce Mr. Trump’s risk of prosecution. The statement that the grand jurors found “no widespread fraud” in the presidential election eliminates Mr. Trump’s assertion that voter fraud justified his pushing state election officials. We also know that the grand jurors voted defendant by defendant and juror by juror, and set forth their recommendations on indictments and relevant statutes over seven (currently redacted) sections. The likelihood that they did that and cleared everyone is very low. And the fact that the grand jurors felt so strongly about the issues that they insisted on writing the recommendations themselves, as they emphasize, further suggests a grave purpose.Also notable is the grand jury’s recommendation of indictments, “where the evidence is compelling,” for perjury that may have been committed by one or more witnesses. It seems unlikely that Ms. Willis will let that pass.She will now decide the next steps of the case. Her statement that charging decisions were imminent came more than three weeks ago. If she does indict Mr. Trump, the two likely paths that she might take focus on the fake electoral slates and Mr. Trump’s call to Mr. Raffensperger. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related general crimes like conspiracy to commit election fraud, specifically focusing on events and people who have a strong nexus with Georgia. In addition to Mr. Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who already received a “target” notification from Ms. Willis warning him that he may be charged). Such a case would focus on activities around the execution of the fake electoral slates on Dec. 14, 2020, followed by the conversation with Mr. Raffensperger on Jan. 2, rooting it in Georgia and avoiding events nationally except to the extent absolutely necessary.Or Ms. Willis could charge the case more broadly, adding sweeping state Racketeer Influenced and Corrupt Organizations, or RICO, charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy. This would look more like the Jan. 6 investigation, albeit with a strong Georgia flavor. It could additionally include those who appeared to have lesser contact with Georgia but were part of national efforts including the state, like the Trump campaign attorney Kenneth Chesebro and the Justice Department official Jeffrey Clark.A more narrow case might make slightly more sense: Given the extraordinary circumstances around it, Ms. Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses — coming in the midst of a heated political season no less.That said, Ms. Willis has a proven propensity for bringing and winning RICO cases. And as we have learned in our criminal trial work, sometimes juries are more responsive to grander narratives that command their attention — and outrage.Whether it’s simple or broad, if a case is opened, one thing is nearly certain: It’s going to take a while, probably the better part of the next two years, and perhaps longer. We would surely see a flurry of legal filings from Mr. Trump, which while often meritless nevertheless take time. Here the battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune.That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court (it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).Even if the courts work at the relatively rapid pace of other high-profile presidential cases, we would still be talking about months of delay. In both U.S. v. Nixon and Thompson v. Trump, about three months were consumed from the first filing of the cases to the final rejection of presidential arguments by the U.S. Supreme Court. In this case, there would be more issues, which would be likely to require additional time. At the earliest, Ms. Willis would be looking at a trial toward the end of 2023. Even on that aggressive schedule, appeals would not be concluded until the end of 2024 or beyond.Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.It would be the trial of the 21st century, no doubt a long and bumpy ride — but a necessary one for American democracy.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. E. Danya Perry is a former federal prosecutor and New York State corruption investigator. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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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      Jack Smith, Special Counsel for Trump Inquiries, Steps Up the Pace

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      Named less than three months ago to oversee investigations into Donald J. Trump’s efforts to hold onto power and his handling of classified documents, the special counsel is moving aggressively.Did former President Donald J. Trump consume detailed information about foreign countries while in office? How extensively did he seek information about whether voting machines had been tampered with? Did he indicate he knew he was leaving when his term ended?Those are among the questions that Justice Department investigators have been directing at witnesses as the special counsel, Jack Smith, takes control of the federal investigations into Mr. Trump’s efforts to reverse his 2020 election loss and his handling of classified documents found in his possession after he left office.Through witness interviews, subpoenas and other steps, Mr. Smith has been moving aggressively since being named to take over the inquiries nearly three months ago, seeking to make good on his goal of resolving as quickly as possible whether Mr. Trump, still a leading contender for the 2024 Republican presidential nomination, should face charges.Last week, he issued a subpoena to former Vice President Mike Pence, a potentially vital witness to Mr. Trump’s actions and state of mind in the days before the Jan. 6, 2021, assault on the Capitol by a pro-Trump mob.His prosecutors have brought a member of Mr. Trump’s legal team, M. Evan Corcoran, before a federal grand jury investigating why Mr. Trump did not return classified information kept at his Mar-a-Lago residence and private club in Florida. Justice Department officials have interviewed at least one other Trump lawyer in connection with the documents case.Since returning to Washington from The Hague, where he had been a war crimes prosecutor, Mr. Smith has set up shop across town from the Justice Department’s headquarters, and has built out a team. His operation’s structure seems to closely resemble the organization he oversaw when he ran the Justice Department’s public integrity unit from 2010 to 2015.Three of his first hires — J.P. Cooney, Raymond Hulser and David Harbach — were trusted colleagues during Mr. Smith’s earlier stints in the department. Thomas P. Windom, a former federal prosecutor in Maryland who had been tapped in late 2021 by Attorney General Merrick B. Garland’s aides to oversee major elements of the Jan. 6 inquiry, remains part of the leadership team, according to several people familiar with the situation.In addition to the documents and Jan. 6 investigations, Mr. Smith appears to be pursuing an offshoot of the Jan. 6 case, examining Save America, a pro-Trump political action committee, through which Mr. Trump raised millions of dollars with his false claims of election fraud. That investigation includes looking into how and why the committee’s vendors were paid.M. Evan Corcoran has represented Donald J. Trump in the case related to his handling of classified material for many months.Alex Kent/Getty ImagesInterviews with current and former officials, lawyers and other people who have insight into Mr. Smith’s actions and thinking provide an early portrait of how he is managing investigations that are as sprawling as they are politically explosive, with much at stake for Mr. Trump and the Justice Department.Current and former officials say Mr. Smith appears to see the various strands of his investigations as being of a single piece, with interconnected elements, players and themes — even if they produce divergent outcomes.Mr. Smith has kept a low profile, making no public appearances and sticking to a long pattern of empowering subordinates rather than interposing himself directly in investigations. It is a chain-of-command style honed during stints as a war crimes prosecutor in The Hague, a federal prosecutor in Tennessee and, most of all, during his tenure running the Justice Department’s public integrity unit, which investigates elected officials.A spokesman for Mr. Smith had no comment.But various developments that have surfaced publicly in recent days show his team taking steps on multiple fronts, illustrating how he is wrestling with multiple and sometimes conflicting imperatives of conducting an exhaustive investigation on a strictly circumscribed timetable.The intensified pace of activity speaks to his goal of finishing up before the 2024 campaign gets going in earnest, probably by summer. At the same time, the sheer scale and complexity and the topics he is focused on — and the potential for the legal process to drag on, for example in a likely battle over whether any testimony by Mr. Pence would be subject to executive privilege — suggest that coming to firm conclusions within a matter of months could be a stretch.“The impulse to thoroughly investigate Trump’s possibly illegal actions and the impulse to complete the investigation as soon as possible, because of presidential election season, are at war with one another,” said Jack Goldsmith, a former assistant attorney general and current Harvard Law professor. “One impulse will likely have to yield to the other.”In looking into Mr. Trump’s efforts to hold onto power after his election loss and how they led to the Jan. 6 riot, Mr. Smith is overseeing a number of investigative strands. The subpoena to Mr. Pence indicates that he is seeking testimony that would go straight to the question of Mr. Trump’s role in trying to prevent certification of Joseph R. Biden Jr.’s victory in the election and the steps Mr. Trump took in drawing a crowd of supporters to Washington and inciting them.His team is sifting through mountains of testimony provided by the House Jan. 6 committee, including focusing on the so-called fake electors scheme in which some of Mr. Trump’s advisers and some campaign officials assembled alternate slates of Trump electors from contested states that he had lost..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.More recently his team has been asking witnesses about research the Trump campaign commissioned by an outside vendor shortly after the election that was intended to come up with evidence of election fraud. The existence of that research was reported earlier by The Washington Post.The apparently related investigation into the activities of Mr. Trump’s main fund-raising arm, the Save America PAC in Florida, was emerging even before Mr. Smith arrived in Washington around Christmas from The Hague.A vast array of Trump vendors have been subpoenaed. Investigators have been posing questions related to how money was paid to other vendors, indicating that they are interested in whether some entities were used to mask who was being paid or if the payments were for genuine services rendered.In the investigation into Mr. Trump’s handling of classified information, and whether he obstructed justice when the government sought the return of material he had taken from the White House, investigators are casting a wide net. They appear to be seeking to recreate not only what took place once Mr. Trump had departed the White House with hundreds of sensitive documents, but also how he approached classified material and presidential records long before that, according to multiple people briefed on the matter.Mr. Smith’s team is seeking interviews with a number of people who worked in the Trump White House and who had familiarity with either how he consumed classified information, or how he dealt with paper that he routinely carted with him in cardboard boxes, during much of the span of his presidency.Such interviews could help Mr. Smith establish patterns of behavior by Mr. Trump over time, such as how he handled secret information he was provided about foreign countries and how he treated presidential documents generally.Alina Habba is another of Mr. Trump’s lawyers.Jefferson Siegel for The New York TimesMr. Trump was known to rip up pieces of paper, and to bring documents up to the White House residence. Notes taken by aides in 2018 show that Mr. Trump’s advisers appeared to be contending with tracking documents he had brought with him to his club in Bedminster, N.J., where he stayed over weekends during the warmer months of the year.In some cases, Mr. Trump tore up documents and threw them in toilets in the White House. Aides would periodically retrieve what was not flushed down and let it dry, then tape it back together and pass the documents on to the staff secretary, whose office managed presidential paper flow, according to two people familiar with what took place.In the documents investigation, Mr. Smith has the challenge of interviewing several unreliable narrators who may have an interest in protecting Mr. Trump.Several of Mr. Trump’s advisers have been interviewed by the Justice Department. Some have gone before the grand jury, including Mr. Corcoran, who has represented Mr. Trump in the case related to his handling of classified material for many months and had a central role in dealing with the government’s efforts to retrieve the documents, according to two people briefed on his appearance.Another aide to Mr. Trump, Christina Bobb, served as the custodian of the records the Justice Department was interested in. She signed an attestation in June claiming that a “diligent search” had been conducted of Mar-a-Lago in response to a grand jury subpoena. She asserted that the remaining documents turned over in June were all that remained.Ms. Bobb has appeared twice before the Justice Department and has told people that Mr. Corcoran drafted the statement she signed; The Wall Street Journal reported that one visit was before the grand jury. She has also said she was connected with Mr. Corcoran by Boris Epshteyn, another Trump lawyer and adviser who brought Mr. Corcoran into Mr. Trump’s circle and, empowered by Mr. Trump, for months played a lead role coordinating lawyers in some of the investigations.The Justice Department contacted another of Mr. Trump’s lawyers, Alina Habba, late last year about an appearance. Ms. Habba does not represent Mr. Trump in the documents case, but she spoke about it on television. She also signed an affidavit in another case saying she had searched Mr. Trump’s office and residence in May, meaning investigators may be interested in whether she saw government documents there.The Justice Department is also seeking to question a former Trump lawyer, Alex Cannon, who people briefed on the matter said repeatedly urged Mr. Trump to turn over the boxes of material that the National Archives was seeking.Mr. Trump’s disclosure of newly located documents has been ongoing. Lawyers for the former president notified prosecutors recently about a potential witness they might want to speak with: a relatively junior former staff member to Mr. Trump who had uploaded classified material onto a laptop and discovered it only after the fact, according to a different person familiar with the incident.The discovery occurred when the staff member was placing a large trove of Mr. Trump’s daily White House schedules on the computer and realized that a small amount of classified material had been included in the schedules, the person said.In an interview with CNN on Sunday, one of Mr. Trump’s lawyers, Tim Parlatore, said the Justice Department had issued a subpoena for a manila folder marked “classified evening summary” after Mr. Trump’s aides provided the department with reports on materials they had found after their own searches. He said it was not actually a classified marking, contained nothing and was being used by Mr. Trump to dim a blue light on his bedside phone at Mar-a-Lago that “keeps him up at night.”“I’ve never seen anything like it,” Chuck Rosenberg, a former federal prosecutor and former F.B.I. official, said of the cascade of Trump aides and lawyers becoming drawn into investigations. “It’s just a whirling dust cloud, and everyone who gets near it gets covered in grime.”While Mr. Smith did not ask Mr. Garland’s permission to subpoena Mr. Pence, one of the most extraordinary developments of his short time as special counsel, he almost certainly consulted him about it: Under the regulations, special counsels are expected to report major developments to the attorney general.The Justice Department is also seeking to question Alex Cannon, a former Trump lawyer.Pool photo by Andrew HarnikBut many legal observers see the current situation — with two likely 2024 presidential rivals, Mr. Trump and Mr. Biden, facing separate special counsel investigations — as evidence that the special counsel mechanism is being used far beyond its intended, limited purpose.“The special counsel regulations were an effort to give the attorney general some independence in a conflict-of-interest situation,” Mr. Goldsmith added, “but it was never intended to carry the burdens that are being imposed on it now. It is a problem, these political investigations, that our constitutional system is not equipped to handle.”Ben Protess More