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    What Are Criminal Referrals?

    Members of the House committee investigating the Jan. 6 attack on the Capitol have suggested that they are heavily inclined to call for prosecutions of those involved in the riot and the monthslong election subversion effort that gave rise to it.Criminal referrals — essentially letters to the Justice Department laying out evidence of specific crimes — from the panel would be largely symbolic. They would hold no legal weight because Congress has no enforcement power and no formal say in what the Justice Department does. The department has been carrying out a criminal investigation into former President Donald J. Trump’s efforts to overturn the 2020 election, including the appointment last month of a special counsel who authorized a round of subpoenas after taking over.Yet a referral would be another remarkable development in a precedent-shattering investigation by Congress of former President Donald J. Trump’s bid to nullify his defeat, and it could increase the pressure on Attorney General Merrick B. Garland to bring prosecutions.If members of the committee agreed to move forward with criminal referrals, they would be creating a road map for prosecutors, in granular detail, of how they contend Mr. Trump and his allies broke the law. The committee has interviewed more than 1,000 witnesses, including some of the former president’s closest confidants, and examined reams of text messages, emails and notes.Peter Navarro and Stephen K. Bannon were charged by the Justice Department after Congress referred them for prosecution — albeit under a slightly different process that involves not just a letter but a law granting lawmakers the power to refer contempt of Congress charges. Both men were charged with contempt of Congress for ignoring subpoenas from the Jan. 6 committee. Mr. Bannon was convicted in July; Mr. Navarro is set to go on trial in January.Alan Feuer More

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    Jan. 6 Panel Will Conduct Final Hearing and Vote on Trump Referrals

    The committee, which consistently broke new ground for a congressional investigation, is expected to approve its final report and vote on issuing criminal and ethics referrals against Donald J. Trump.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol will hold its last public meeting on Monday afternoon, ending an 18-month investigation with the approval of its final report and a vote on issuing criminal and ethics referrals against former President Donald J. Trump and his top allies.During a business meeting at 1 p.m., the committee is expected to discuss some of the findings in its final report and recommendations for legislative changes.The panel is also expected to vote on referring Mr. Trump to the Justice Department on charges of insurrection, obstruction of an official proceeding of Congress and conspiracy to defraud the United States, according to a person familiar with the matter.Referrals against Mr. Trump would not carry any legal weight or compel the Justice Department to take any action, but they would send a powerful signal that a congressional committee believes the former president committed certain crimes.The department is already conducting an investigation into the events of Jan. 6, 2021, when a pro-Trump mob stormed the Capitol, and the plans to overturn the 2020 election that preceded the violence. In recent weeks, federal prosecutors have issued subpoenas to officials in seven states in which the Trump campaign organized electors to falsely certify the election for Mr. Trump despite the voters choosing Joseph R. Biden Jr.A New U.S. Congress Takes ShapeFollowing the 2022 midterm elections, Democrats maintained control of the Senate while Republicans flipped the House.McCarthy’s Fraught Speaker Bid: Representative Kevin McCarthy has so far been unable to quash a mini-revolt on the right that threatens to imperil his effort to secure the top House job.Kyrsten Sinema: The Arizona senator said that she would leave the Democratic Party and register as an independent, just days after the Democrats secured an expanded majority in the Senate.A Looming Clash: Congressional leaders have all but abandoned the idea of acting to raise the debt ceiling before Democrats lose control of the House, punting the issue to a new Congress.First Gen Z Congressman: In the weeks after his election, Representative-elect Maxwell Frost of Florida, a Democrat, has learned just how different his perspective is from that of his older colleagues.In a statement, Steven Cheung, a spokesman for Mr. Trump, dismissed the committee’s planned actions on Monday as those of a “kangaroo court” that held “show trials by Never Trump partisans who are a stain on this country’s history.”Monday’s meeting will mark the end of one of the most consequential congressional committees in a generation. Over the course of a year and a half, the panel interviewed more than 1,000 witnesses, obtained more than one million documents, issued more than 100 subpoenas and held 10 public hearings that consistently drew millions of viewers.The meeting is not expected to be as long as hearings from the summer, which detailed the plot to overturn the 2020 election and featured live witnesses.In recent days, committee members have fanned out on cable television to lay the public groundwork for the vote, making it clear they were in agreement that Mr. Trump needed to be held accountable.“I think the president has violated multiple criminal laws,” Representative Adam B. Schiff, Democrat of California and a member of the committee, said on CNN’s “State of the Union” on Sunday. “And I think you have to be treated like any other American who breaks the law, and that is, you have to be prosecuted.”Mr. Schiff detailed why he thought a charge of insurrection was appropriate.“In terms of the criminal statute, if you can prove that someone incited an insurrection — that is, they incited violence against the government, or they gave aid and comfort to those who did — that violates that law,” Mr. Schiff said. “And if you look at Donald Trump’s acts, and you match them up against the statute, it’s a pretty good match. I realize that statute hasn’t been used in a long time. But, then, when have we had a president essentially incite an attack on his own government?”The House created the Jan. 6 committee after Senate Republicans used a filibuster to defeat a proposal to create an independent commission to investigate the attack, during which more than 150 police officers were injured as pro-Trump rioters interrupted the peaceful transfer of power from Mr. Trump to Mr. Biden.The committee — made up of seven Democrats and two Republicans — consistently broke new ground for a congressional investigation. Staffed with more than a dozen former federal prosecutors, the panel set a new production standard for how to hold a congressional hearing. It also got significantly ahead of a parallel Justice Department investigation into the events of Jan. 6, with federal prosecutors later interviewing many of the same witnesses Congress had already spoken with.Lawmakers on the panel also believe they played a significant role in elevating the issue of threats to democracy in the minds of voters, who rejected many election deniers in the November midterms.On Monday, the panel will take another unprecedented step for a legislative body: voting on criminal referrals against a former president. Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, has said the panel is considering referrals to “five or six” entities, including the Justice Department, the House Ethics Committee, the Federal Election Commission and bar associations.Among those under scrutiny from the panel are five congressional Republicans who refused to comply with the committee’s subpoenas.In addition to a vote on referrals, the panel also plans to release a portion of its eight-chapter final report into the effort to block the transition of power.The report — which contains an executive summary of more than 100 pages — roughly mirrors the presentation of the committee’s investigative hearings that drew wide viewership over the summer. Chapter topics include Mr. Trump’s spreading of lies about the election, the creation of fake slates of pro-Trump electors in states won by Mr. Biden, and the former president’s pressure campaign against state officials, the Justice Department and former Vice President Mike Pence as he sought to overturn his defeat.The committee’s report is also expected to document how Mr. Trump summoned a mob of his supporters to Washington and then did nothing to stop them as they attacked the Capitol for more than three hours. It will also include a detailed analysis of the breach of the Capitol.In terms of legislative recommendations, the panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6 in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office. More

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    How Will History Remember Jan. 6?

    Far-right groups stockpiling guns and explosives, preparing for a violent overthrow of a government they deem illegitimate. Open antisemitism on the airwaves, expressed by mainstream media figures. Leading politicians openly embracing bigoted, authoritarian leaders abroad who disdain democracy and the rule of law.This might sound like a recap of the last few years in America, but it is actually the forgotten story told in a remarkable new podcast, Ultra, that recounts the shocking tale of how during World War II, Nazi propagandists infiltrated far-right American groups and the America First movement, wormed into the offices of senators and representatives and fomented a plot to overthrow the United States government.“This is a story about politics at the edge,” said the show’s creator and host, Rachel Maddow, in the opening episode. “And a criminal justice system trying, trying, but ill-suited to thwart this kind of danger.”Maddow is, of course, a master storyteller, and never lets the comparisons to today’s troubles get too on the nose. But as I hung on each episode, I couldn’t help think about Jan. 6 and wonder: Will that day and its aftermath be a hinge point in our country’s history? Or a forgotten episode to be plumbed by some podcaster decades from now?When asked about the meaning of contemporary events, historians like to jokingly reply, “Ask me in 100 years.” This week, the committee in the House of Representatives investigating the Jan. 6 Capitol riot will drop its doorstop-size report, a critical early installment in the historical record. Journalists, historians and activists have already generated much, much more material, and more is still to come.In January, a Republican majority will take over the House and many of its members have pledged to begin their own battery of investigations, including an investigation into the Jan. 6 investigation. What will come from this ouroboros of an inquiry one cannot say, but it cannot help but detract from the quest for accountability for the events of that day.Beyond that, polling ahead of this year’s midterm elections indicated that Americans have other things on their minds, perhaps even more so now that the threat of election deniers winning control over voting in key swing states has receded. But what it means for the story America tells itself about itself is an open question. And in the long run, that might mean more accountability than our current political moment permits.Why do we remember the things we remember, and why do we forget the things we forget? This is not a small question in a time divided by fights over history. We all know the old saying: Those who cannot remember the past are condemned to repeat it. But there is another truism that to my mind often countervails: We are always fighting the last war.The story that Maddow’s podcast tells is a doozy. It centers on a German American named George Sylvester Viereck, who was an agent for the Nazi government. Viereck was the focus of a Justice Department investigation into Nazi influence in America in the 1930s. For good reason: Lawmakers helped him in a variety of ways. One senator ran pro-German propaganda articles in magazines under his name that had actually been written by Viereck and would deliver pro-German speeches on the floor of Congress written by officials of the Nazi government. Others would reproduce these speeches and mail them to millions of Americans at taxpayer expense.Viereck also provided moral and financial support to a range of virulently antisemitic and racist organizations across the United States, along with paramilitary groups called the Silver Shirts and the Christian Front. Members of these groups sought to violently overthrow the government of the United States and replace it with a Nazi-style dictatorship.This was front-page news at the time. Investigative reporters dug up scoop after scoop about the politicians involved. Prosecutors brought criminal charges. Big trials were held. But today they are all but forgotten. One leading historian of Congress who was interviewed in the podcast, Nancy Beck Young, said she doubts that more than one or two people in her history department at the University of Houston knew about this scandal.Why was this episode consigned to oblivion? Selective amnesia has always been a critical component of the American experience. Americans are reared on myths that elide the genocide of Indigenous Americans, the central role of slavery in our history, America’s imperial adventures and more. As Susan Sontag put it, “What is called collective memory is not a remembering but a stipulating: that this is important, and this is the story about how it happened.”Our favorite stories are sealed narrative boxes with a clear arc — a heroic journey in which America is the hero. And it’s hard to imagine a narrative more cherished than the one wrought by the countless books, movies and prestige television that remember World War II as a story of American righteousness in the face of a death cult. There was some truth to that story. But that death cult also had adherents here at home who had the ear and the mouthpiece of some of the most powerful senators and representatives.It also had significant support from a broad swath of the American people, most of whom were at best indifferent to the fate of European Jewry, as “The U.S. and the Holocaust,” a documentary series by the filmmakers Ken Burns, Lynn Novick and Sarah Botstein that came out in September, does the painful work of showing. A virulent antisemite, Rev. Charles E. Coughlin, hosted by far the biggest radio show in the country. At his peak in the 1930s about 90 million people a week tuned in to hear his diatribes against Jews and communism.In some ways, it is understandable that this moment was treated as an aberration. The America First movement, which provided mainstream cover for extremist groups, evaporated almost instantly after the attack on Pearl Harbor. Maybe it was even necessary to forget. When the war was over there was so much to do: rebuild Europe, integrate American servicemen back into society, confront the existential threat of nuclear war with the Soviet Union. Who had the time to litigate who had been wrong about Germany in the 1930s?Even professional historians shied away from this period. Bradley Hart, a historian whose 2018 book “Hitler’s American Friends” unearthed a great deal of this saga, said that despite the wealth of documentary material there was little written about the subject. “This is a really uncomfortable chapter in American history because we want to believe the Second World War was this great moment when America was on the side of democracy and human rights,” Hart told me. “There is this sense that you have to forget certain parts of history in order to move on.”As anyone who has been married for a long time knows, sometimes forgetting is essential to peace. Even countries that have engaged in extensive post-conflict reconciliation processes, like South Africa and Argentina, were inevitably limited by the need to move on. After all, you make peace with your enemies, not your friends.The aftermath of Jan. 6 is unfolding almost like a photo negative of the scandal Maddow’s podcast unfurls. With very few exceptions almost everyone involved in the pro-Nazi movement escaped prosecution. A sedition trial devolved into a total debacle that ended with a mistrial. President Harry Truman, a former senator, ultimately helped out his old friend Senator Burton K. Wheeler, a figure in the plot to disseminate Nazi propaganda, by telling the Justice Department to fire the prosecutor who was investigating it.But the major political figures involved paid the ultimate political price: they were turfed out of office by voters.Many of the perpetrators of the Jan. 6 riot, on the other hand, have been brought to justice successfully: Roughly 900 people have been arrested; approximately 470 have pleaded guilty to a variety of federal charges; around 335 of those charged federally have been convicted and sentenced; more than 250 have been sentenced to prison or home confinement. Stewart Rhodes, the leader of the Oath Keepers, was convicted of seditious conspiracy, the most serious charge brought in any of these cases. In their report to be released this week, the Jan. 6 committee is expected to recommend further criminal indictments. One big question looming over it all is whether former President Donald Trump will be criminally charged for his role in whipping up the frenzy that led to the assault on the Capitol.A broader political reckoning seems much more distant. Election deniers and defenders of the Jan. 6 mob lost just about every major race in swing states in the 2022 midterms. But roughly 200 Republicans who supported the lie about the 2020 election being stolen won office across the country, The New York Times reported.What larger narrative about America might require us to remember Jan. 6? And what might require us to file it away as an aberration? The historian’s dodge — “ask me in 100 years” — is the only truly safe answer. But if the past is any guide, short-term political expediency may require it to be the latter.After all, it is only now that decades of work by scholars, activists and journalists has placed chattel slavery at the center of the American story rather than its periphery. What are the current battles about critical race theory but an attempt to repackage the sprawling, unfinished fight for civil rights into a tidy story about how Black people got their rights by appealing to the fundamental decency of white people and by simply asking nicely? In this telling, systematic racism ended when Rosa Parks could sit in the front of the bus. Anything that even lightly challenges finality of racial progress is at best an unwelcome rupture in the narrative matrix; at worst it is seen as a treasonous hatred of America.History, after all, is not just what happened. It is the meaning we make out of what happened and the story we tell with that meaning. If we included everything there would be no story. We cannot and will not remember things that have not been fashioned into a story we tell about ourselves, and because we are human, and because change is life, that story will evolve and change as we do.There is no better sign that our interpretation of history is in for revision than the Hollywood treatment. Last week it was reported that Steven Spielberg, our foremost chronicler of heroic World War II tales, plans to collaborate with Maddow to make Ultra into a movie. Perhaps this marks the beginning of a pop culture reconsideration of America’s role in the war, adding nuance that perturbs the accepted heroic narrative.And so I am not so worried about Jan. 6 fading from our consciousness for now. One day, maybe decades, maybe a century, some future Rachel Maddow will pick up the story and weave it more fully into the American fabric, not as an aberration but a continuous thread that runs through our imperfect tapestry. Maybe some future Steven Spielberg will even make it into a movie. I bet it’ll be a blockbuster.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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    Donald Trump Faces a Week of Headaches on Jan. 6 and His Tax Returns

    The House panel investigating the Capitol attack is set to release its report and may back criminal charges against the former president, while a separate committee could decide to release his tax returns.After more than five years of dramatic headlines about controversies, scandals and potential crimes surrounding former President Donald J. Trump, the coming week will be among the most consequential.On Monday, the House select committee investigating the Jan. 6, 2021, riot at the Capitol by Mr. Trump’s supporters will hold what is almost certainly its final public meeting before it is disbanded when Republicans take over the majority in the new year.The committee’s members are expected to debate criminal referrals to the Justice Department in connection with the riot and Mr. Trump’s efforts to cling to power, which culminated on Jan. 6 as the pro-Trump mob tried to thwart the certification of his successor’s 2020 electoral victory. The biggest topic is whether to recommend that Mr. Trump face criminal charges.On Tuesday, the House Ways and Means Committee will meet privately to discuss what to do with the six years of Mr. Trump’s tax returns that it finally obtained after nearly four years of legal efforts by Mr. Trump to block their release.The committee could release them publicly, which would most likely be done in the final days of Democratic control of Congress.And on Wednesday, the Jan. 6 committee is expected to release its report on the attack, along with some transcripts of interviews with witnesses.Taken together, this week will point a spotlight on both Mr. Trump’s refusal to cede power and the issue that he has most acutely guarded for decades, the actual size of his personal wealth and his sources of income.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.“Trump has spent decades avoiding transparency and evading accountability,” said Tim O’Brien, the author of “TrumpNation: The Art of Being the Donald.” “Now both are rushing toward him in the forms of possible tax disclosures and a criminal referral. However much he might want to downplay the significance of all of that, it’s momentous.”Any public release of his tax information would come as Mr. Trump seeks another White House bid, a time in which he’s facing multiple investigations without the immunity that the presidency gave him from indictment.The Justice Department is investigating Mr. Trump’s mishandling of presidential records and classified material, and it remains to be seen whether either he or anyone around him is charged in that case.How much new information will be disclosed this week is unclear. Over the course of more than a year and a half, through nearly a dozen public hearings, the Jan. 6 committee has used testimony and information culled from over 1,000 witnesses to present Mr. Trump as being at the center of an effort to remain in power and thwart the results of a free and fair election.The Justice Department has been conducting a simultaneous investigation but has not been working in lock step with congressional investigators.A congressional referral to the Justice Department does not obligate prosecutors to act. Nonetheless, some of Mr. Trump’s advisers are privately concerned about what the House committee will recommend.Some of Mr. Trump’s tax information is already in the possession of the Manhattan district attorney, Alvin Bragg, whose predecessor, Cyrus Vance Jr., spent years investigating Mr. Trump and his company.Mr. Trump is also facing a civil suit filed by the New York attorney general, Letitia James, who has alleged a widespread practice of fraud over a decade by the former president, his children and his company. Michael D. Cohen, Mr. Trump’s former fixer and lawyer, helped spur that investigation with testimony before a House committee in 2019 in which he discussed how Mr. Trump, who has always fought anyone asserting he’s worth less than he claims to be, valued his properties.The New York Times has also investigated Mr. Trump’s tax returns, including information from 2020. The investigation showed that Mr. Trump paid no federal income tax for 11 of 18 years The Times examined.Mr. Trump reacted with fury to that investigation. And the possibility of a public disclosure of his tax information looms especially large for Mr. Trump, who has fiercely guarded his actual net worth and the sources of his income.For years leading up to 2016, associates in New York City predicted that, despite repeated feints about a potential campaign, he would never declare because he would have to make his financial information available.He did submit a federally required personal financial disclosure, but during the 2016 presidential campaign he refused to release his tax returns, a voluntary disclosure nearly every candidate has provided since President Richard M. Nixon. Voters had no ability to analyze where the wealthiest person ever to run for president in the United States was getting some of his money, and how much of it he sent the government in taxes.During a debate in 2016, his Democratic opponent, Hillary Clinton, took note of the rare times that Mr. Trump had been forced to disclose his earnings and tax payments.“The only years that anybody’s ever seen were a couple of years when he had to turn them over to state authorities when he was trying to get a casino license, and they showed he didn’t pay any federal income tax,” Mrs. Clinton said.Mr. Trump fired back: “That makes me smart.”Through myriad congressional and Justice Department investigations, including ones related to whether his 2016 campaign conspired with Russian officials to sway the election that year, Mr. Trump has repeatedly attacked the investigations, calling them a “witch hunt.” For decades he has insisted that he is a victim whenever he faces scrutiny. Mr. Trump had the same response when his company was convicted of 17 charges of tax fraud and other financial improprieties roughly two weeks ago.But the details that could become public after this week are more consequential, Mr. O’Brien argued, as Mr. Trump prepares to woo voters for his third run for the presidency.“There’s existential consequences on the legal side and reputation and business ones on the tax side,” Mr. O’Brien said. More

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    The End of the Trump Era Will Be Unsatisfying

    Since the 2022 midterm elections, the end of the Trump era in American politics has become, at least, a 50-50 proposition. While Ron DeSantis surges in multiple national polls, the former president has busied himself shilling $99 digital trading cards to his most devoted fans. The promised battle royale, in which Trump emerges from Mar-a-Lago to smite his challenger and reclaim his throne, may yet be in the offing. But it’s also possible that Trump 2024 will end up where many people expected Trump 2016 to go, diminishing into an act of self-indulgence that holds on to his true loyalists but can’t win primary-season majorities.If that’s how Trump goes out, doing a slow fade while DeSantis claims his mantle, the people who have opposed Trump most fiercely, both the Resistance liberals and the Never Trump Republicans, will probably find the ending deeply unsatisfying.There will be no perp walk where Trump exits the White House in handcuffs (though he could still face indictment; that hope lives), no revelations of Putinist treason forcing the Trumps into a Middle Eastern exile, no Aaron Sorkin-scripted denunciation driving him, in shame, from the public square.Nor will there be a dramatic repudiation of the Trumpist style. If DeSantis defeats Trump, it will be as an imitator of his pugilism and populism, as a politician who promises to fight Trump’s battles with more effectiveness and guile.Nor, finally, will there be any accountability for Trump’s soft enablers within the Republican Party. There was a certain political accountability when the “Stop the Steal” devotees lost so many winnable elections last month. But the men and women who held their noses and went along with Trump at every stage except the very worst will continue to lead the Republican Party if he fades away; there will be no Liz Cheney presidential campaign to deliver them all a coup de grâce.These realities are already yielding some righteous anger, a spirit evident in the headline of a recent essay by Bill Lueders at The Bulwark: “You’re Only Leaving Trump Now?” Never forget, Lueders urges, that if Republicans abandon Trump it won’t be because of his long list of offenses against decency and constitutional government; it will be only because, at last, they’re sure he cannot win.As an original Never Trumper, I don’t begrudge anyone this reaction. If Trump fades, it will be a victory for places like The Bulwark, but people naturally want something more than a quiet, limited victory after a long existential-seeming campaign. They want vindication. They want to feel as if everyone finally agrees: Never again.But an unsatisfying absence of repudiation or vindication is a normal feature of democratic life. The act of winning an election creates an alchemy of loyalty — vox populi, vox Dei — that in most circumstances only losing can de-catalyze. The time it takes for parties to repudiate their most dismaying leaders can extend for decades or centuries (as in the case of the Democratic Party’s slow divorce from Andrew Jackson). And voters don’t usually impose permanent penalties on parties, preferring to take each election as it comes.The Democratic Party’s Southern wing was a literal party of insurrection in the 1860s and the Northern wing was tainted by the attachment, but they simply reunited as a normal opposition party after the Civil War. The next Republican president elected after Richard Nixon’s resignation, Ronald Reagan, paid no price for having been one of Nixon’s stalwart defenders throughout most of the Watergate affair. The public voted in droves against the perceived dangerous radicalism of Barry Goldwater and George McGovern, then turned around and voted for the parties that nominated them a few years later.Or, to pick an international example, in the brief window when Russia was a semi-functional democracy, its leading opposition party was, of course, the successor to the Communist Party, whose dictatorial rule had recently been overthrown.In current politics, it isn’t just anti-Trumpers who find themselves frustrated by voters’ refusal to look backward. Consider the hope among conservatives that Democratic overreach on Covid restrictions, especially school closures, would play a decisive role in the 2022 elections. It did play a crucial role in the 2021 elections, when those policies were still in place or up for debate. But once they were lifted, the public largely moved on, leaving conservative activists depressed because there was no lasting punishment.This desire for vindication is completely understandable. How else can you ensure that serious mistakes won’t be repeated, or that an awful demagogue won’t just slip into sheep’s clothing and return?The answer, however (and this is tough medicine), is that the way to avert that kind of repetition is to make certain you have a strategy for winning the next election, and the ones after that — on the public’s terms rather than your own.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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    Justice Dept. Examines Emails from Trump Lawyers in Fake Elector Inquiry

    Prosecutors have combed through more than 100,000 documents from John Eastman, Jeffrey Clark and Ken Klukowski, who played roles in the effort to reverse the outcome of the 2020 election.Federal prosecutors have examined more than 100,000 documents seized from the email accounts of three lawyers associated with former President Donald J. Trump in a continuing investigation into the roles they played in a wide-ranging scheme to help Mr. Trump overturn the results of the 2020 election, according to court papers released on Friday.The material came from email accounts belonging to John Eastman, who helped devise and promote a plan to create fake slates of pro-Trump electors in states that were actually won by Joseph R. Biden Jr., and two former Justice Department lawyers, Jeffrey Clark and Ken Klukowski, who have faced scrutiny for their own roles in the fake electors scheme, the papers say.As part of their inquiry, federal investigators in Washington obtained a search warrant for the three men’s email accounts in May and the following month seized their cellphones and other electronic devices. The court papers, unsealed by Beryl A. Howell, the chief judge in Federal District Court in Washington, revealed for the first time the extent of the emails that investigators had obtained.The court papers, which emerged from a behind-the-scenes review of the material for any that might be protected by attorney-client privilege, said little about the contents of the emails. But they noted that each of the men was in contact with a leader of the far-right House Freedom Caucus, Representative Scott Perry, Republican of Pennsylvania, whose own phone was seized in August as part of the investigation into the fake elector scheme.Reviewing seized materials for any that might be privileged is a common step in criminal investigations — especially in sensitive ones targeting lawyers. The review of the emails in this case occurred over the summer and was conducted by a team of prosecutors code-named “Project Coconut” that was walled off from the prosecutors running the main investigation, according to a person familiar with the matter.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.Mr. Eastman, a professor of constitutional law, has long been a focus of the Justice Department’s efforts to unravel the fake elector scheme, which involved a broad array of characters, including pro-Trump lawyers, White House aides and numerous local officials in key swing states around the country.Mr. Eastman has also been at the center of a parallel inquiry run by the House select committee investigating the Jan. 6, 2021, attack on the Capitol, which has accused him of conspiring with Mr. Trump to defraud the United States and obstruct the final certification of the 2020 election.Encouraged by Mr. Perry, Mr. Trump considered then abandoned a plan in the days before the Capitol attack to put Mr. Clark in charge of the Justice Department as acting attorney general.At the time, Mr. Clark was proposing to send a letter to state officials in Georgia falsely stating that the department had evidence that could lead Georgia to rescind its certification of Mr. Biden’s victory in that key state. The effort to send the letter was cut short by Mr. Clark’s superiors.Mr. Klukowski, who briefly served under Mr. Clark at the Justice Department and had earlier worked at the White House budget office, helped Mr. Clark draft the letter to state officials in Georgia. While working at the department, he was also in contact with Mr. Eastman, according to evidence presented by the Jan. 6 House committee.According to the newly unsealed papers, Mr. Klukowski sent Mr. Perry an email eight days after the election with a document attached titled “Electors Clause/The Legislature Option.” The document outlined an argument central to the fake elector scheme — namely, that “the Constitution makes state legislatures the final authority on presidential elections,” the court papers said.Mr. Eastman’s emails to Mr. Perry suggest that the two men traded phone calls in the weeks leading up to Jan. 6. The court papers note that Mr. Clark exchanged several emails with Mr. Perry in February 2021, after the Capitol was stormed, but the descriptions of their contents were redacted.The papers also say that investigators found a draft of Mr. Clark’s autobiography in his emails, tracing his life from “growing up deplorable in Philadelphia” to working in the Justice Department. An outlined portion of the draft provides a “detailed description” of a previously disclosed meeting that Mr. Clark had on Jan. 3, 2021, with Mr. Trump and two top Justice Department officials at which they “discussed Clark’s draft letter” to the officials in Georgia. More

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    Jan. 6 Panel to Consider Criminal Referrals Against Trump and Allies in Final Session

    The committee announced a Dec. 19 meeting to discuss its final report and consider criminal and civil referrals against the former president and key players in his plot to overturn the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol plans on Monday to consider issuing criminal referrals against former President Donald J. Trump and his top allies during a final meeting as it prepares to release a voluminous report laying out its findings about the attempt to overturn the 2020 election.The committee announced a business meeting scheduled for 1 p.m. Monday during which members are expected to discuss the forthcoming report and recommendations for legislative changes, and to consider both criminal and civil referrals against individuals it has concluded broke laws or committed ethical violations.Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said the panel was considering referrals to “five or six” different entities, including the Justice Department, the House Ethics Committee, the Federal Election Commission and bar associations. Such referrals, which the committee is slated to approve as it adopts its report, would not carry any legal weight or compel any action, but they would send a powerful signal that a congressional committee believes that the individuals cited committed crimes or other infractions.In the case of Mr. Trump, an official finding that a former president should be prosecuted for violating the law would be a rare and unusual step for the legislative branch to take.In addition to the former president, the panel is likely to consider referring some of his allies to the Justice Department, including John Eastman, a conservative lawyer who was an architect of Mr. Trump’s efforts to invalidate his electoral defeat. The committee has argued in court that Mr. Eastman most likely violated two federal laws for his role in the scheme, including obstructing an official act of Congress and defrauding the American public.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.“Stay tuned,” Mr. Thompson told reporters this week, declining to divulge any charges or individuals who would be named. “We’re going with what we think are the strongest arguments.”The panel plans to release a portion of its eight-chapter final report into the effort to block the peaceful transfer of power from Mr. Trump to Joseph R. Biden Jr. The committee’s full report is scheduled for release on Wednesday. Additional attachments and transcripts will be released before the end of the year, according to a committee aide who spoke on the condition of anonymity without authorization to discuss the plans in advance..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;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Representative Jamie Raskin, Democrat of Maryland and the committee member whom Mr. Thompson tasked with studying criminal referrals, said the panel would present evidence of the alleged wrongdoing along with the names of the individuals it is referring to the Justice Department.“We are focused on key players where there is sufficient evidence or abundant evidence that they committed crimes,” Mr. Raskin said. “We’re focused on crimes that go right to the heart of the constitutional order, such that the Congress can’t remain silent.”The final report — which contains a lengthy executive summary of more than 100 pages — roughly mirrors the presentation of the committee’s investigative hearings that drew wide viewership over the summer. Chapter topics include Mr. Trump’s spreading of lies about the election, the creation of fake slates of pro-Trump electors in states won by Mr. Biden, and the former president’s pressure campaign against state officials, the Justice Department and former Vice President Mike Pence as he sought to overturn his defeat.The committee’s report is also expected to document how Mr. Trump summoned a mob of his supporters to Washington and then did nothing to stop them as they attacked the Capitol for more than three hours. It will also include a detailed analysis of the breach of the Capitol.“This report is written with some energy and precision and focus,” Mr. Raskin said, adding: “We’re all determined that this be a report that is made part of the national dialogue. We don’t want it to just sit up on a shelf.”The panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6, 2021, in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office.“We obviously want to complete the story for the American people,” Mr. Raskin said. “Everybody has come on a journey with us, and we want a satisfactory conclusion, such that people feel that Congress has done its job.”He said the panel would also seek to address what must be done to prevent an event like the Jan. 6 attack from happening again.“That’s the heart of it,” Mr. Raskin said, “because we think there is a clear, continuing present danger to democracy today.”Stephanie Lai More

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    Donald Trump Is Weak. And Powerful. Now What?

    Everyone knows by now how many Trump candidates lost this year, especially the higher-profile, more hard-core ones who claimed the 2020 election was stolen. Kari Lake lost in Arizona. Doug Mastriano lost in Pennsylvania. Most of the notable pro-Trump secretary of state candidates lost. The Senate candidates, too. The Democrats even added on in Georgia on Tuesday, with the same, central animating force behind each development: that Donald Trump forced his party to run a candidate, Herschel Walker, who lost, weakening Mr. Trump and the party — a mutual descent.What everyone does not know by now is what to do with Mr. Trump’s third candidacy for president. What is this campaign? He’s a candidate without opponents, who has made less frequent public appearances since his announcement than he did before, whose party’s other notable members seem to want to move on but often still don’t really say so publicly. The 2022 incarnation of Mr. Trump is like some kind of trap: He keeps losing and forcing others to go with him, in part because of his and their nature and in part because without him, Republicans might not quite be able to win, either.Looming over every aspect of Mr. Trump’s current campaign is the simple question: Will this be like before? That has a technical, outcome-driven dimension (will he win and become president?) and a more cultural, psychological one (will he dominate American life, and will each day’s news turn on the actions and emotions of one person cascading through society?). Politics is about a lot more than just the outcomes of elections; a long time separates us from the 2024 election, and each day has the potential to influence the ones after. Something can be weak and a considerable force in politics or culture at the same time; someone can be losing and influential at the same time. These things are compatible.The country spent nearly two years hearing about voting machine conspiracies and the possibility of subversion in future elections. Voters rejected all that in many cases. What did the last two years mean for Mr. Trump and these candidates? For all of us? Nobody got anything of real value out of conspiracy theories and Trump recriminations. Not the Republicans, certainly, and that’s been the tenor of much post-election coverage and conversation — the way Mr. Trump’s choices produced certain outcomes that hurt the Republican Party.“The people that were on the crazy side, they’ve kind of been sent off to the frontier,” Tony Evers, Wisconsin’s Democratic governor, told Semafor this week. “If you’re denying the last election or any election, I think that balloon has been popped.” Even so, it’s no great gift to the country as a whole that candidates ran for two years on suspicion about normal election practices or advancing conspiracy theories, which people heard and internalized — a more intangible result with effects harder to measure.Since Mr. Trump’s announcement for president, as you have also heard by now, he’s repeatedly demanded that the 2020 election be redone, even straight up saying that there could be a “termination” of the Constitution. Two nights before Thanksgiving, he ate dinner with a white supremacist and Kanye West, who can’t stop saying antisemitic things. These events can also be viewed through this dual dynamic of weakness and influence. In the most basic horse race political sense, Mr. Trump’s actions almost certainly hurt him; more Republicans have criticized him, and we have multiple election cycles of results suggesting that people reject his choices. This weakens him. But he still has influence, and through this one dinner, for instance, many, many people heard about an extreme racist they probably never heard about before.In 2022, even when Mr. Trump seems to be fading politically, nobody has conclusively resolved the question of how to deal with him — when to step in and when to ignore, how to measure one action against another. The central issue flows from an understanding that most people in this country seem to share, however they feel about him: Mr. Trump will not be stopped from endlessly wanting things. And he will not confine himself to the ways in which a president or public person is supposed to behave, in pursuit of this endless array of wants and needs.Faced with this uncontrollability, people fall into complex emotional dynamics of how to react to Mr. Trump — to care or not care, how to demonstrate caring, to ignore him or this or that, to never ignore it, how far to go, when to walk away, when to stay, when someone else’s silence becomes unacceptable. How is a person supposed to be? What can a single person do? What are our duties and obligations? These questions animate centuries of literature and philosophy, but Mr. Trump’s chemical mix of emotion and power turns them into an hourly concern. He will not change; you can. This is an exhausting texture of American life in this era, even now.It’s almost hard to remember what the first campaign was like, though it, too, started with a weak hand. Mr. Trump defeated a splintered field with, initially, mere pluralities of votes. And you were constantly finding out how weak American institutions were: the thinness of political belief among Republican politicians, the inability of different institutions to do anything about Mr. Trump’s candidacy, the true incentives of cable news, how game people were to go along with, for instance, an attack on Mexicans or Gold Star parents. Practically overnight, Republican and conservative groups went from opposing Mr. Trump to caving in to the reality of his candidacy to emphatically supporting him. This general dynamic repeated again and again for years.Seven years in, one of the more disorienting aspects of the Trump era is the way there’s never any sense of resolution. The entire population hangs in a kind of eternal suspense, without past or future. Since the week of Jan. 6, 2021, without Mr. Trump’s ceaseless presence on the major social platforms, things have been somewhat different. But who knows where he goes from here? He might return to Twitter. He might really be fading. He might lose to Ron DeSantis, Florida’s governor. He might not accept a loss to anyone, at any point. He might be president again. Could we really revert to the full chaotic, exhausting, late-2010s immersion in Mr. Trump’s emotions?The need to know how it ends with Mr. Trump, what will happen next and how people respond to him, can obscure the current situation. And over the past year, it’s become clearer how power and weakness and influence can exist in one space and in one person. In this dark environment, Mr. Trump can lose an election and still change American life indefinitely.Katherine Miller is a staff writer and editor in Opinion.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More