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    Jan. 6 Panel Adopts Prosecution Tactics for Its Investigation

    The House committee investigating the assault on the Capitol and what led to it is employing techniques more common in criminal cases than in congressional inquiries.The House select committee scrutinizing the Jan. 6 assault on the Capitol is borrowing techniques from federal prosecutions, employing aggressive tactics typically used against mobsters and terrorists as it seeks to break through stonewalling from former President Donald J. Trump and his allies and develop evidence that could prompt a criminal case.In what its members see as the best opportunity to hold Mr. Trump and his team accountable, the committee — which has no authority to pursue criminal charges — is using what powers it has in expansive ways in hopes of pressuring Attorney General Merrick B. Garland to use the Justice Department to investigate and prosecute them.The panel’s investigation is being run by a former U.S. attorney, and the top investigator brought in to focus on Mr. Trump’s inner circle is also a former U.S. attorney. The panel has hired more than a dozen other former federal prosecutors.The committee has interviewed more than 475 witnesses and issued more than 100 subpoenas, including broad ones to banks as well as telecommunications and social media companies. Some of the subpoenas have swept up the personal data of Trump family members and allies, local politicians and at least one member of Congress, Representative Jim Jordan, Republican of Ohio. Though no subpoena has been issued for Mr. Jordan, his text messages and calls have shown up in communications with Mark Meadows, the former White House chief of staff, and in a call with Mr. Trump on the morning of Jan. 6, 2021.Armed with reams of telephone records and metadata, the committee has used link analysis, a data mapping technique that former F.B.I. agents say was key to identifying terrorist networks in the years after the Sept. 11 attacks. The F.B.I. said it used a similar tactic last month to identify the seller of a gun to a man in Texas who took hostages at a synagogue.Faced with at least 16 Trump allies who have signaled they will not fully cooperate with the committee, investigators have taken a page out of organized crime prosecutions and quietly turned at least six lower-level Trump staff members into witnesses who have provided information about their bosses’ activities.The committee is also considering granting immunity to key members of Mr. Trump’s inner circle who have invoked their Fifth Amendment right against self-incrimination as a way of pressuring them to testify.“Having lived through and being a part of every major congressional investigation over the past 50 years from Iran-contra to Whitewater to everything else, this is the mother of all investigations and a quantum leap for Congress in a way I’ve never seen before,” said Stanley Brand, a Democrat and the former top lawyer for the House who is now representing Dan Scavino, one of Mr. Trump’s closest aides, in the investigation.It is a development, Mr. Brand suggested, that Democrats might one day come to regret. “When a frontier is pushed back, it doesn’t recede,” he said. “They think they’re fighting for the survival of the democracy and the ends justify the means. Just wait if the Republicans take over.”The committee’s aggressive approach carries with it another obvious risk: that it could fail to turn up compelling new information about Mr. Trump’s efforts to hold onto power after his defeat or to make a persuasive case for a Justice Department prosecution. Mr. Trump survived years of scrutiny by the special counsel in the Russia investigation, Robert S. Mueller III, and two impeachments. Despite a swirl of new investigations since he left office, the former president remains the dominant force in Republican politics.The committee has no law enforcement role, and its stated goal is to write a comprehensive report and propose recommendations, including for legislation, to try to make sure the events of Jan. 6 are never repeated.Attorney General Merrick B. Garland has given no specific public indication that the Justice Department is investigating former President Donald J. Trump.Al Drago for The New York TimesNevertheless, its members have openly discussed what criminal laws Mr. Trump and his allies may have violated and how they might recommend that the Justice Department investigate him. Such a step could put considerable additional pressure on Mr. Garland, who has not given any specific public indication that the department is investigating Mr. Trump or would support prosecuting him.As the House investigation was gaining momentum late last year, the committee’s vice chairwoman, Representative Liz Cheney, Republican of Wyoming, read from the criminal code to describe a law she believed could be used to prosecute Mr. Trump for obstructing Congress as it sought to certify the Electoral College count of his defeat.Ms. Cheney and the other Republican on the committee, Representative Adam Kinzinger of Illinois, were censured by the Republican National Committee on Friday for their participation in the investigation.Mr. Trump’s allies have grown angry not just at the aggressiveness of the committee — for example, in making subpoenas public before they have been served — but also at the expansive list of people questioned, some of whom, these allies maintain, had minimal to no involvement in the events of Jan. 6.The tactics being used by the committee were described by nearly a dozen people, including members of the committee, aides, witnesses and their lawyers, and other people familiar with the panel’s work. Many spoke on the condition of anonymity because they did not want to be identified discussing what the committee says is a confidential investigation.By comparison, the House select committee that spent two and a half years investigating the 2012 Benghazi attack issued just a dozen or so subpoenas — a small fraction of the number issued by the Jan. 6 committee so far — and made no criminal referrals. The Jan. 6 panel has already recommended criminal contempt of Congress charges against three witnesses who refused to cooperate, and one, Stephen K. Bannon, has already been indicted by the Justice Department.Members of the Jan. 6 committee say the obstacles thrown up by Mr. Trump and his allies and the high stakes of the investigation have left the panel with no choice but to use every tool at its disposal.“It’s not a criminal investigation, but having experienced former prosecutors who know how to run complex, white-collar investigations working on a plot to overturn the presidential election is a very useful talent among your team,” said Representative Adam B. Schiff, Democrat of California and a committee member.To lead the inquiry, the panel hired Timothy J. Heaphy, the former U.S. attorney for the Western District of Virginia. In that position, he oversaw a number of high-profile prosecutions, including one in which the drugmaker Abbott Laboratories pleaded guilty in a fraud case and paid a $1.5 billion fine.Ms. Cheney and the committee’s chairman, Representative Bennie Thompson, Democrat of Mississippi, also hired John Wood, a former U.S. attorney for the Western District of Missouri and a former deputy associate attorney general in the George W. Bush administration. He is a senior investigative counsel for the committee and is focusing on Mr. Trump’s inner circle. Neither Mr. Heaphy nor Mr. Wood had previously worked on a congressional investigation.Some of the Democrats on the committee were concerned that if the panel was too aggressive, Republicans might turn the tables on the Democrats whenever they took back control of the House. But Ms. Cheney insisted that the committee be as aggressive as possible.She said that the panel would face significant resistance from Mr. Trump’s inner circle, and that the committee would be criticized no matter what it did, so there was no reason to hold back in the face of efforts to impede its work.Mr. Trump moved to block the National Archives from handing over documents from his White House, leading to a monthslong court fight that ended with the committee receiving the documents.At least 16 witnesses have sued to try to block the committee’s subpoenas. Four of the panel’s most sought-after targets — the conservative lawyer John Eastman; Jeffrey Clark, the Justice Department lawyer deeply involved in Mr. Trump’s plays to try to stay in power; the conspiracy theorist Alex Jones; and the longtime Trump adviser Roger J. Stone Jr. — invoked the Fifth Amendment as a way to avoid answering questions without the threat of a contempt of Congress charge.Three Republican members of Congress — Representative Kevin McCarthy of California, the minority leader; Representative Scott Perry of Pennsylvania; and Mr. Jordan — told the committee that they would refuse to sit for questioning.The conspiracy theorist Alex Jones said that he faced dogged questioning from the committee’s investigators — and that they already had his text messages.Jon Cherry/Getty ImagesDespite those obstacles, the committee turned its attention to lower-level aides, who investigators knew were in the room for many of the key events that occurred in the lead-up to and during the assault, or were told almost immediately about what had occurred. Those witnesses tended to be younger and have far less money to hire high-end white-collar defense lawyers to fend off the committee. So far, the committee has spoken to at least a half-dozen lower-level aides who fall into this category.When Mr. Meadows, the former White House chief of staff, refused to testify, the panel turned to his top aide, Ben Williamson, who complied with a subpoena and sat for hours of questioning. After Mr. Clark, the Justice Department lawyer, refused to cooperate, a former senior counsel who worked for him, Kenneth Klukowski, sat for an interview with the committee.Representative Jamie Raskin, Democrat of Maryland and a member of the panel, said the committee was not trying to “flip” witnesses the way investigators might do in a criminal case. But, he said, “If you drew some kind of social diagrams of who’s testifying and who’s not, pretty much everyone is testifying, except for those who are in the immediate entourage of Donald Trump.”Among the other aides who have testified before the committee are Marc Short, Greg Jacob and Keith Kellogg, all of whom worked for former Vice President Mike Pence. Three former spokeswomen for Mr. Trump have also cooperated: Kayleigh McEnany, Stephanie Grisham and Alyssa Farah Griffin.The committee’s investigative work related to Mr. Trump’s current spokesman illustrates the aggressive steps the panel is taking. The spokesman, Taylor Budowich, turned over more than 1,700 pages of documents and sat for roughly four hours of sworn testimony.Shortly after testifying, Mr. Budowich learned that the committee had requested financial records from his bank related to pro-Trump rallies. A federal judge turned down an emergency request by Mr. Budowich to force congressional investigators to relinquish his banking records, which JPMorgan Chase had already given to the committee.Investigators also sought a broad swath of phone records from Ali Alexander, a right-wing rally organizer who was cooperating with the committee, for two months before Jan. 6, 2021 — well before he claims to have thought of planning an event that day — and for one month after.Late last month, another example of the panel’s investigative approach emerged. Mr. Jones, the conspiracy theorist, who has sued the committee, was questioned by investigators in a virtual interview. He later said on his radio show that in the interview he had invoked his Fifth Amendment privilege against self-incrimination nearly 100 times.“I just had a very intense experience being interrogated by the Jan. 6 committee lawyers,” he said. “They were polite, but they were dogged.”Even though Mr. Jones refused to share information with the committee, he said the investigators seemed to have found ways around his lack of cooperation. He said the committee had already obtained text messages from him.“They have everything that’s already on my phones and things,” he said. “I saw my text messages” with political organizers tied to the Jan. 6 rally.Maggie Haberman More

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    Donald Trump 'Is Wrong' on Authority to Overturn Election, Says Pence

    Former Vice President Mike Pence said in a speech on Friday that he had no right to overturn the 2020 election, as the former president has falsely claimed.Former Vice President Mike Pence said he had no legal authority to change the outcome of the 2020 election, offering his most forceful rejection of Donald Trump’s efforts to overturn the results.Jacob Langston for The New York TimesFormer Vice President Mike Pence on Friday offered his most forceful rebuke of Donald J. Trump, saying the former president is “wrong” that Mr. Pence had the legal authority to change the results of the 2020 election and that the Republican Party must accept the outcome and look toward the future.Speaking to a gathering of conservatives near Orlando, Fla., the former vice president said he understands “the disappointment so many feel about the last election” but repudiated Mr. Trump’s false claims that Mr. Pence could reject the Electoral College results and alter the outcome last year.“President Trump is wrong,” said Mr. Pence, in his remarks before the Federalist Society, a conservative legal organization. “I had no right to overturn the election.”The comments marked the strongest rejection of Mr. Trump’s efforts to overturn the 2020 election by his former vice president. Mr. Pence refused to give in on Jan. 6 to Mr. Trump’s pressure campaign to change the results. Since then, he has remained relatively quiet about that decision, largely declining to directly attack Mr. Trump or assign him any blame for inciting the deadly siege on the Capitol. In public appearances last year, Mr. Pence defended his role in resisting Mr. Trump but did not go further than saying that the two men will never “see eye to eye about that day.”But tensions between them have been rising in recent days. As Mr. Pence positions himself for a possible presidential bid in 2024, Mr. Trump has pushed more intensely a false narrative aimed at blaming his former vice president for failing to stop President Biden from taking office.Mr. Pence cast his opposition on Friday as larger than the immediate political moment, implying that the false claims pushed by Mr. Trump and his followers threatened to undermine American democracy.“The truth is there’s more at stake than our party or our political fortunes,” he said. “If we lose faith in the Constitution, we won’t just lose elections — we’ll lose our country.”In a speech that largely focused on attacking the policies and record of the Biden administration, Mr. Pence described Jan. 6 as a “dark day” in Washington. Such a description runs counter to an attempt by some on the right to rewrite history by describing the siege as a peaceful rally and by calling the rioters “political prisoners.” And he urged Mr. Trump and his party to accept the results of the last election.“Whatever the future holds, I know we did our duty that day,” Mr. Pence said. “I believe the time has come to focus on the future.”But Mr. Pence stopped short of completely breaking with the right-wing base that remains deeply influenced by Mr. Trump.Mr. Pence did not explicitly say that Mr. Trump lost the election and he declined to address the false claims of election fraud still being pushed by the former president and his supporters. The carefully constructed wording of his rebuke shows an effort by Mr. Pence to defend his own actions on Jan. 6, while not completely alienating a Republican base that remains animated by conspiracy theories of a stolen election. Their support could be crucial in any 2024 primary contest.His comments came just hours after the Republican Party voted to censure two Republican lawmakers for taking part in the House investigation of the Jan. 6 attack. The lawmakers, Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois, were censured for participating in what the party’s resolution described as the “persecution of ordinary citizens engaged in legitimate political discourse.”Legal scholars and officials from both parties say the vice president does not have the power to overturn elections. Mr. Pence agrees with that interpretation of the law: In a letter to Congress sent the morning of the Capitol attack, Mr. Pence rejected the president’s claims, writing that the Constitution “constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.”On Sunday, Mr. Trump falsely claimed that Mr. Pence could have “overturned the election” in a statement denouncing a bipartisan push to rewrite the Electoral Count Act of 1887. The former president and his allies misinterpreted that century-old law in their failed bid to persuade Mr. Pence to throw out legitimate election results. And on Tuesday, Mr. Trump said that the congressional committee investigating the role of his administration in the violent Jan. 6 attack on the Capitol should instead examine “why Mike Pence did not send back the votes for recertification or approval.”Mr. Trump’s attempts to influence his vice president have become a focus of the House committee investigating the Jan. 6 attack, with some members seeing the participation of Mr. Pence’s team as vital to deciding whether it has sufficient evidence to make a criminal referral of Mr. Trump to the Justice Department. Two of Mr. Pence’s aides testified privately before the committee this week and Mr. Pence’s lawyer and the panel have been talking informally about whether the former vice president would be willing to speak to investigators.The Justice Department has also been examining the ways in which Mr. Trump’s attacks on Mr. Pence influenced the mob. In recent plea negotiations in some Jan. 6 cases, prosecutors have asked defense lawyers whether their clients would admit in sworn statements that they stormed the Capitol believing that Mr. Trump wanted them to stop Mr. Pence from certifying the election.As the attackers raided the Capitol that day, some chanted “Hang Mike Pence.” Mr. Trump initially brushed aside calls from aides and allies to call them off. Since then, Mr. Trump has defended the chants as understandable because, as he said in an interview with Jonathan Karl of ABC News, “the people were very angry” about the election. More

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    G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’

    The Republican National Committee voted to censure Representatives Liz Cheney and Adam Kinzinger for participating in the inquiry into the deadly riot at the Capitol.WASHINGTON — The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” and rebuked two lawmakers in the party who have been most outspoken in condemning the deadly riot and the role of Donald J. Trump in spreading the election lies that fueled it.The Republican National Committee’s voice vote to censure Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois at its winter meeting in Salt Lake City culminated more than a year of vacillation, which started with party leaders condemning the Capitol attack and Mr. Trump’s conduct, then shifted to downplaying and denying it.On Friday, the party went further in a resolution slamming Ms. Cheney and Mr. Kinzinger for taking part in the House investigation of the assault, saying they were participating in “persecution of ordinary citizens engaged in legitimate political discourse.”After the vote, party leaders rushed to clarify that language, saying it was never meant to apply to rioters who violently stormed the Capitol in Mr. Trump’s name.“Liz Cheney and Adam Kinzinger crossed a line,” Ronna McDaniel, the Republican National Committee chairwoman, said in a statement. “They chose to join Nancy Pelosi in a Democrat-led persecution of ordinary citizens who engaged in legitimate political discourse that had nothing to do with violence at the Capitol.”But the censure, which was carefully negotiated in private among party members, made no such distinction, nor is the House committee investigating the attack examining any normal political debate. It was the latest and most forceful effort by the Republican Party to minimize what happened and the broader attempt by Mr. Trump and his allies to invalidate the results of the 2020 election. In approving it and opting to punish two of its own, Republicans seemed to embrace a position that many of them have only hinted at: that the assault and the actions that preceded it were acceptable.It came days after Mr. Trump suggested that, if re-elected in 2024, he would consider pardons for those convicted in the Jan. 6 attack and for the first time described his goal that day as subverting the election results, saying in a statement that Vice President Mike Pence “could have overturned the election.”On Friday, Mr. Pence pushed back on Mr. Trump, calling his assertion “wrong.”“I had no right to overturn the election,” Mr. Pence told the Federalist Society, a conservative legal organization, at a gathering in Florida.Read the full resolutionThe Republican National Committee’s resolution censures Representatives Liz Cheney and Adam Kinzinger.Read Document 2 pagesThe day’s events, which were supposed to be about unity, only served to highlight Republicans’ persistent division over Mr. Trump’s attempt to overturn the 2020 election, as their leaders try to move forward and focus attention on what they call the failings of the Biden administration. More than a year later, the party is still wrestling with how much criticism and dissent it will tolerate.“Shame falls on a party that would censure persons of conscience, who seek truth in the face of vitriol,” Senator Mitt Romney, Republican of Utah, wrote on Twitter “Honor attaches to Liz Cheney and Adam Kinzinger for seeking truth even when doing so comes at great personal cost.”He did not mention that the party chairwoman who presided over the meeting and orchestrated the censure resolution, Ms. McDaniel, is his niece.The censure was also condemned by Senator Bill Cassidy, Republican of Louisiana, who, like Mr. Romney, voted to remove Mr. Trump from office for inciting insurrection on Jan. 6, and Gov. Larry Hogan of Maryland, also a Republican, who called Friday “a sad day for my party — and the country.”Republican National Committee members defended the measure, describing people who have been questioned by the Jan. 6 committee as victims in a broader Democratic effort to keep focus on the attack at the Capitol.“The nominal Republicans on the committee provide a pastiche of bipartisanship, but no genuine protection or due process for the ordinary people who did not riot being targeted and terrorized by the committee,” said Richard Porter, a Republican National Committee member from Illinois. “The investigation is a de facto Democrat-only investigation increasingly unmoored from congressional norms.”The Jan. 6 committee, which has seven Democratic members, has interviewed more than 475 witnesses, the vast majority of whom either volunteered to testify or agreed to without a subpoena. It has no prosecutorial powers, and is charged with drawing up a report and producing recommendations to prevent anything similar from happening again.The party’s far-right flank has long agitated to boot Ms. Cheney and Mr. Kinzinger out of the House Republican Conference for agreeing to serve on the panel, a push that Representative Kevin McCarthy of California, the minority leader, has tried to brush aside. And the formal censure, approved by the state party chairs and committee members who make up the Republican National Committee, is sure to stir up those efforts again.The Republican Party declared the Jan. 6, 2021, attack on the Capitol and events that led to it as “legitimate political discourse.”Jason Andrew for The New York Times“We need to move on from that whole discussion and, frankly, move forward and get the House back in 2022,” said Representative Mike Garcia, a California Republican facing a difficult re-election campaign in a newly configured district.Most House Republicans tried to ignore the actions of the party on Friday, refusing to answer questions or saying they had not read the censure resolution. Representative Dan Crenshaw, Republican of Texas, called it “dumb stuff,” while Representative Mark Green, Republican of Tennessee, lamented the distraction from “this abysmal administration’s record.”Democrats, however, were incensed at the resolution’s language.“The Republican Party is so off the deep end now that they are describing an attempted coup and a deadly insurrection as political expression,” said Representative Jamie Raskin, Democrat of Maryland and a member of the special House committee investigating the Capitol attack. “It is a scandal that historians will be aghast at, to think that a major political party would be denouncing Liz Cheney for standing up for the Constitution and not saying anything about Donald Trump’s involvement in the insurrection.”In his own defense, Mr. Kinzinger said: “I have no regrets about my decision to uphold my oath of office and defend the Constitution. I will continue to focus my efforts on standing for truth and working to fight the political matrix that’s led us to where we find ourselves today.”The resolution spoke repeatedly of party unity as the goal of censuring the lawmakers, saying that Republicans’ ability to focus on the Biden administration was being “sabotaged” by the “actions and words” of Ms. Cheney and Mr. Kinzinger, which indicate “they support Democrat efforts to destroy President Trump more than they support winning back a Republican majority in 2022.”Normally, the party stays out of primary fights, but the resolution will make it easier for the Republican apparatus to abandon Ms. Cheney and throw its weight and money behind her main G.O.P. challenger, Harriet Hageman.It declares that the party “shall immediately cease any and all support of” both lawmakers “as members of the Republican Party for their behavior, which has been destructive to the institution of the U.S. House of Representatives, the Republican Party and our republic, and is inconsistent with the position of the conference.”Mr. Kinzinger has already announced he will not seek re-election, as have some other House Republicans who voted to impeach Mr. Trump for inciting the attack on the Capitol. Ms. Cheney, however, has vowed to stand for re-election.Representative Adam Kinzinger has announced that he will not seek re-election, as have some other House Republicans who voted to impeach Mr. Trump.Stefani Reynolds for The New York TimesEarlier this week, the Wyoming delegation to the Republican National Committee submitted a so-called “Rule 11” letter, formalizing party support for Ms. Hageman. The existence of the letter was reported by The Washington Post.The letter allows the Republican National Committee to send resources to the Wyoming branch of the party to spend on Ms. Hageman’s behalf — essentially designating her as the party’s presumptive nominee. The designations are common in Republican politics, but typically are used to support incumbents who may be facing token primary challengers. Ms. Cheney, who faces an uphill battle in her re-election bid against a Republican Party aligned with Mr. Trump, said party leaders “have made themselves willing hostages” to Mr. Trump.“I do not recognize those in my party who have abandoned the Constitution to embrace Donald Trump,” she said. “History will be their judge. I will never stop fighting for our constitutional republic. No matter what.”Ms. Cheney has a commanding financial advantage over Ms. Hageman, according to federal campaign finance reports released this week. Ms. Cheney entered 2022 with nearly $5 million in campaign cash, while Ms. Hageman reported just $380,000.The censure resolution was watered down from an initial version that called directly for the House Republican Conference to “expel” Ms. Cheney and Mr. Kinzinger “without delay.” That demand was dropped. However, the language condemning the attack on “legitimate political discourse” was then added.William J. Palatucci, a Republican National Committee member from New Jersey who said he opposed the resolution, said those changes were made “behind closed doors.” The final language was officially circulated to committee members early Friday morning. He called it “cancel culture at its worst.”Luke Broadwater More

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    Jan. 6 Defendant Seeks to Subpoena Trump as Witness at Trial

    The request to have the former president testify faces an uphill fight, but it illustrates efforts by defendants to place him at the center of their cases.Almost from the moment that the first rioters were arrested in connection with the violent attack on the Capitol last January, defendants have tried in various ways to blame former President Donald J. Trump for their behavior.Some have attempted to get out of jail on bail by claiming that they stormed the building because Mr. Trump said they should. Others have sought reduced sentences by arguing that they only joined the riot because they believed Mr. Trump had authorized them to do so.On Friday, however, one Jan. 6 defendant took a different and much bolder step in seeking to pull Mr. Trump into the center of his case: He and his lawyer asked a federal judge for permission to subpoena the former president and several of his allies to testify as witnesses at his trial.“It is anticipated that, when called as a witness, Donald J. Trump will testify that he and others orchestrated a carefully crafted plot to call into question the integrity of the 2020 presidential election and the validity of President Biden’s victory,” the lawyer, Samuel H. Shamansky, said in court papers filed on behalf of his client, Dustin Thompson.“Moreover, it will be established at trial that Mr. Trump and his conspirators engaged in a concerted effort to deceive the public, including defendant, into believing that American democracy was at stake if Congress was permitted to certify the election results,” the papers said.It will most likely be an uphill climb for Mr. Shamansky to get permission to subpoena Mr. Trump and force him to appear in court, a process that could also be time-consuming and involve extensive litigation.At a hearing last month, the judge in Mr. Thompson’s case, Reggie B. Walton of Federal District Court in Washington, expressed skepticism about the notion of a former president and members of his inner circle being placed by force on the witness stand. He suggested that Mr. Shamansky could just as easily make his point by playing for the jury video or audio recordings of them speaking on Jan. 6 or in the days leading up to it.The request for the subpoenas came in conjunction with a separate motion in which Mr. Shamansky notified Judge Walton that he intended to mount what is known as a public authority defense when Mr. Thompson goes on trial in April. The strategy involves defendants arguing that they were authorized to commit crimes on the advice of a federal official.A spokesman for Mr. Trump did not immediately respond to a request for comment on the proposed subpoena.At the hearing last month, Mr. Shamansky told Judge Walton that he wanted to subpoena not only Mr. Trump, but also several of his former aides and advisers, including Rudolph W. Giuliani, Stephen K. Bannon, Stephen Miller and John Eastman.Acknowledging that he would have a hard time disputing that Mr. Thompson had committed a crime on Jan. 6, Mr. Shamansky told the judge that he wanted testimony from Mr. Trump and the others in order to establish Mr. Thompson’s mind-set that day and to prove that his client had effectively been duped into breaking the law.As for the recordings Judge Walton suggested, Mr. Shamansky argued that live witnesses always played better in front of juries. He also insisted that he had a right — even a duty — to mount the strongest defense of Mr. Thompson that he could.If Mr. Shamansky gets his way, it is almost certain that the famously litigious Mr. Trump would oppose the subpoena in a bruising legal fight, which could drag out the proceedings for months.In an interview on Friday, Mr. Shamansky said if he succeeded in obtaining the subpoenas, he would not only ask Mr. Trump about his speech that day, but also seek to get his hands on private notes or messages that were used in drafting the address. He added that he knew of no legal prohibition against trying to get testimony from a former president as a material witness in a criminal case.“I’m unaware of any authority that undermines our position,” he said. “The Constitution guarantees and demands Trump’s appearance at trial.”Some legal experts seemed to agree, pointing to President Richard M. Nixon’s failed attempts in 1974 to quash a subpoena by the Watergate special prosecutor for tapes and other documents related to his case. Others noted that, in 1990, former President Ronald Reagan gave videotaped testimony during the trial of John M. Poindexter, his onetime national security adviser, who was charged with obstructing a congressional inquiry into the Iran-contra affair.“Based on the precedent of United States v. Nixon, as well as President Reagan’s testimony in the Poindexter trial, I think there is a plausible case that Trump could be required to produce documents or otherwise testify, at least in some form, in some of the Jan. 6 trials,” said Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School.Dustin Thompson, right, with his lawyer, Samuel H. Shamansky, in Columbus, Ohio, last year. Mr. Thompson was charged shortly after the Capitol attack.Joshua A. Bickel/The Columbus Dispatch, via Associated PressMr. Thompson, 37, of Columbus, Ohio, was charged soon after the Capitol attack with stealing a coat rack from inside the building and for being in a restricted area of the Capitol grounds with a onetime college classmate, Robert Lyon, who was also charged.Prosecutors later brought an additional charge against both men, accusing them of obstructing an official proceeding before Congress in which lawmakers were certifying the final count of the Electoral College vote.In an interview with The Columbus Dispatch shortly after the initial charges were filed, Mr. Shamansky said Mr. Thompson and others who went to the Capitol “got brainwashed to the point they felt duty bound to follow the encouragement of their commander in chief.” More

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    Michael Flynn Is Still at War

    On Nov. 25, 2020, President Donald J. Trump announced via Twitter that he was granting a full pardon to Lt. Gen. Michael T. Flynn, his former national security adviser. Flynn pleaded guilty in 2017 to lying to federal investigators about his contacts with Russia’s ambassador to the United States during the presidential transition, though he had later tried to withdraw the plea. A CNN report that evening reflected the conventional view in Washington that the pardon, arriving 18 days after the presidential election was called for Joe Biden, was a near-final chapter of the Trump presidency, “a sign Trump understands his time in office is coming to a close.”At the time Trump announced the pardon, Flynn was encamped at the historic Tomotley estate in South Carolina, a more-than-700-acre former plantation dating back to the 17th century, where enslaved people harvested rice until much of the property was destroyed by federal troops at the close of the Civil War. Tomotley now belonged to L. Lin Wood, the Trump-supporting defamation lawyer who sued Georgia election officials over the state’s 2020 election results showing a Biden victory and predicted that the state’s Republican governor and secretary of state “will soon be going to jail.” (One of his suits was later dismissed; another is pending.) Though the next day would be Thanksgiving, Flynn had not brought his family with him. He had flown to South Carolina on the private jet of the former Overstock chief executive Patrick Byrne and set up camp at Tomotley, where he threw himself into the project of reversing the results of the election Trump had just lost.The president and his loyalists, together and independently, had been working toward this end in various ways since Election Day. Byrne told me that he and Flynn’s attorney, Sidney Powell, met with Trump’s legal adviser Rudy Giuliani in Arlington, Va., shortly after the election to offer their assistance. Through Powell, Flynn soon became part of the group as well. Byrne said he had rented several rooms at the Trump Hotel for a few months — paying a full rack rate of about $800,000 — which he, Flynn, Powell and others would move in and out of. Byrne considered the hotel “the safest place in D.C. for a command bunker.” But Flynn suggested that they also establish a separate working area far from the Beltway. Powell contacted Wood, who agreed to host them at his secluded estate. As the group began to assemble in mid-November, Wood told me that he was surprised and “honored” to discover that Flynn, whom he had never met, was among his guests.Powell had brought along two law associates. The other guests were there to gather and organize election information alongside her and Flynn. Among these was Seth Keshel, a 36-year-old former Army military intelligence captain who told me he got Flynn’s attention three weeks earlier by sending what he believed were suspicious election data to Flynn’s LinkedIn page. Another, Jim Penrose, was a cybersecurity specialist who had worked for the National Security Agency. A third, Doug Logan, was an associate of Byrne and the chief executive of a Florida-based software-security firm called Cyber Ninjas. (Powell, Penrose and Logan did not respond to requests for comment.) Wood and Byrne said the group had brought computers, printers and whiteboards. “It looked like Election Central,” Wood recalled.Flynn and the other men slept and ate at an adjacent property, Cotton Hall, but otherwise toiled in the main residence at Tomotley. In a podcast interview, Keshel recalled that when he woke up in the mornings, usually around 5:45 a.m., Flynn typically had “been up for several hours,” juggling “a few different cellphones at any given time.” Keshel told me that while he spent his three weeks at Tomotley assembling data for Powell’s legal filings, Flynn came and went without notice and did not always volunteer what he was working on. “General Flynn is very adept at need-to-know,” he said.Two days after Thanksgiving, Flynn spoke by phone with the Worldview Weekend Broadcast Network, a right-wing religious media outlet. Claiming that the 2020 election involved “probably the greatest fraud that our country has ever experienced in our history,” he asserted that China was “not going to allow 2020 to happen, and so now what we have is this theft with mail-in ballots.” A legitimate counting of the ballots would have resulted in a Trump landslide, he insisted. “I’m right in the middle of it right now,” Flynn said, “and I will tell you that, first of all, the president has clear paths to victory.”While Powell was pursuing legal options for reversing the election results, Flynn was beginning to envision a military role. “It’s not unprecedented,” Flynn, describing the nascent plan, insisted to the Newsmax host Greg Kelly on Dec. 17. “I mean, these people out there talking about martial law, like it’s something that we’ve never done. Martial law has been instituted 64 times, Greg,” he said, then added, “I’m not calling for that.”But by that point, Flynn was in fact calling for sending in the military to the contested states. Byrne told me that by Dec. 16, he had lined up a series of options for the president to consider, including using uniformed officials to confiscate voting machines and ballots in six states. Flynn suggested to Byrne that the National Guard and U.S. marshals in combination would be the most suited to the job.On the evening of Dec. 18, Flynn, Byrne, Powell and a legal associate took an S.U.V. limousine to the White House. The group found their way into the Oval Office with the help of several eager-to-please White House staff members, including Garrett Ziegler, an aide to the Trump trade adviser Peter Navarro. (Navarro had released his own extensive, and swiftly debunked, report on election fraud the day before and was in the midst of lobbying Republican members of Congress to overturn the 2020 results.) Byrne, Flynn and Powell then made their case directly to the president about the options he had at his disposal, including Flynn’s suggested use of the National Guard and U.S. marshals. According to Byrne, Powell handed Trump a packet that included previous executive orders issued by President Barack Obama and by Trump that the group believed established a precedent for a new executive order, one that would use supposed foreign interference in the election as a justification for deploying the military. In this operation, Byrne added, Flynn could serve as Trump’s “field marshal.”White House lawyers present at the meeting vehemently denounced the plan. According to Byrne, Flynn calmly replied: “May I ask what it is you think happened on Nov. 3? Do you think there was anything strange about the election?” According to another account of the meeting published by Axios, Flynn became livid. “You’re quitting!” he yelled at Eric Herschmann, a senior adviser to Trump. “You’re a quitter! You’re not fighting!” (Byrne denies that Flynn said this.)Trump was amenable to the idea of civilian authorities’ seizing voting machines; in November, he reportedly proposed the idea of the Justice Department’s doing so to his attorney general, William Barr, though Barr rejected it. But either by his own judgment or on the advice of others, he seemed to draw the line at using the military. Byrne told me that Giuliani recently explained to him that he had counseled the president to reject such a plan because “we would all end up in prison.” (A lawyer for Giuliani did not respond to a request for comment.) After Flynn and Powell’s proposal was rejected, Phil Waldron, a retired Army colonel who served with Flynn and was now working with Powell’s legal team, later offered his own revised draft executive order, in which the Department of Homeland Security would be ordered to seize the machines. But Ken Cuccinelli, the department’s acting deputy secretary, resisted. (Waldron had presented his own martial-law plan to both Flynn and Trump’s legal team; it is unclear whether the plan that Flynn’s group presented originated with him or Waldron.)A merchandise booth at the ReAwaken America event in Phoenix.Mark Peterson for The New York TimesFlynn, meanwhile, continued to agitate for military intervention. Through an intermediary, he contacted Ezra Cohen, the Defense Department acting under secretary for intelligence, who served under Flynn both at the Defense Intelligence Agency, where Flynn had been director, and on the National Security Council. Cohen (identified in other reports as Ezra Cohen-Watnick) was traveling in the Middle East at the time; the intermediary told him that Flynn wanted him to return to Washington right away.The call, Cohen told me, was out of the blue. Although it has been reported that he and Flynn were close, he insisted that this was not true: They overlapped at the D.I.A., but Cohen said they met for the first time in the spring of 2016, well after Flynn left the agency, when Cohen wanted to solicit career advice from a veteran intelligence officer. Months later, Flynn recruited him to serve on the N.S.C., but Cohen said they had spoken only briefly a couple of times since Flynn’s departure from the White House.Cohen said he demurred, but Flynn called him a second time, shortly before Christmas, catching Cohen on his cellphone as he was driving home from a Whole Foods in Maryland. He explained that he needed Cohen to direct the military to seize ballots and voting machines and rerun the election.Cohen said he was too stupefied to ask his former boss how he thought Cohen had the authority to do such a thing. “Sir, the election is over,” he said, according to the ABC News reporter Jonathan Karl’s book “Betrayal: The Final Act of the Trump Show.” “It’s time to move on.” Cohen told me that Flynn yelled so loudly that Cohen’s wife could clearly hear it from the passenger seat. “You’re a quitter!” Flynn berated him, as he had berated Herschmann. “This is not over! Don’t be a quitter!”With Flynn’s fleeting window of direct access to the president closed, he and Powell urged Representative Devin Nunes, a Trump ally, to pursue a particularly hallucinatory rumor that the election results had been manipulated by an Italian defense contractor. But a Nunes staff member found the lead to be meritless, according to someone with knowledge of the discussions. Flynn’s attempts to reach the director of national intelligence, John Ratcliffe, were blocked by the White House chief of staff, Mark Meadows, according to a government official who was privy to these efforts.It was a stunning near miss for American democracy. But after more than a month of furious machinations, Flynn seemed to have at last exhausted his options. He would later lament to a right-wing podcaster, a fellow retired general and conspiracy theorist named Paul Vallely, that “in the final days of the administration, there was a lot of decisions that could have been made.” Flynn had been boxed out, he claimed, by “a team that wanted to kind of, ‘Let’s get past this; let’s get rid of this guy Trump.’”A day after the riot at the Capitol on Jan. 6, the conservative Washington Examiner published an article suggesting that the intelligence community had delayed the publication of a report outlining China’s attempts to influence the 2020 election (though the Office of the Director of National Intelligence categorically dismissed the claim that China played any role in altering the vote totals). Flynn texted a link to the article to an associate with a bitter accompanying note: “Ratcliffe should be ashamed of himself as well as Trump for not demanding this report be made public over a month ago.”On a Friday evening this January, Flynn took the stage at Dream City Church in Phoenix, the latest stop of the ReAwaken America conference: a right-wing road show that combines elements of a tent revival, a trade fair and a sci-fi convention. Flynn, the featured speaker, was wearing a palm-tree-print blazer over a T-shirt and jeans. He began by leading a round of stretching exercises. “You’re the tough crowd, because you’re the ones who hung in there all day,” Flynn said to the audience of perhaps a thousand.The crowd had thinned considerably from a peak of 3,500. Those who remained had listened for nine hours to a procession of speakers, including Eric Trump; Mike Lindell, the MyPillow chief executive; the young conservative activist Charlie Kirk from Turning Point USA; and, just before Flynn, a New Jersey gym owner who was banned from American Airlines after refusing to wear a mask on a flight. After hours of apocalyptic pronouncements — coronavirus vaccines described by one speaker as “poison death shots,” the Biden administration by another as “worshipers of Satan” — his musings about the 2020 election seemed bland by comparison.Flynn insisted that the election was rigged against Trump and that the failure to remedy it constituted “a moment of crisis” for America. He labeled the election system “totally broken,” Democrats “socialists” and establishment Republicans “RINOs” (Republicans in Name Only). But, Flynn said, “people at the county level have the ability to change this country.” Elected county commissioners could write more restrictive voting laws. Elected sheriffs could enforce those laws.“Not everybody can be a Washington, D.C., superstar,” Flynn reminded the crowd. “Not everybody can be a Joan of Arc.”Flynn did not explicitly compare himself to the canonized martyr of the Hundred Years’ War. He did not have to. At this gathering and across the right-wing ecosystem, the story of Flynn’s victimization by a diabolical “deep state” and the news media is practically a matter of scripture. “Look at what they did to the general,” Eric Trump told the crowd earlier that afternoon, with Flynn standing onstage beside him. Warning the audience that “they want to take you down criminally,” Trump then pointed to the human evidence standing to his left: “They did it to him.”‘If you think of the classic case studies in how radicalization occurs, it all happened with Mike Flynn.’One year since Trump’s departure from office, his Make America Great Again movement has reconstituted itself as a kind of shape-shifting but increasingly robust parallel political universe, one that holds significant sway over the Republican Party but is also beyond its control. It includes MAGA-centric media outlets like One America News, Right Side Broadcasting and Real America’s Voice; well-attended events like the ReAwaken America Tour, which has also touched down in California, Texas, Oklahoma, Colorado, Michigan and Florida; its own personalities and merchandise; and above all, its shared catechism — central to which is the false claim that Trump was the legitimate victor in 2020.In this world, Flynn is probably the single greatest draw besides Trump himself. The ReAwaken America Tour organizer, Clay Clark, a 41-year-old Tulsa-based entrepreneur and anti-vaccine activist, has featured him in eight engagements across the United States over the past year. “I view it as an honor to pay him to speak at our events,” Clark told me, adding that a nondisclosure agreement prohibited him from revealing Flynn’s fee. At the Phoenix event, two nonprofit organizations Flynn helps lead, America’s Future and the America Project, had separate booths. America’s Future offered $99 annual memberships as well as T-shirts and other merchandise.All of this is bewildering to some of those who knew Flynn in his former life, as a celebrated intelligence officer in the Iraq and Afghanistan wars, and watched his spectacular fall from grace with bafflement and regret. It is as if Flynn has managed to burrow his way from a Beltway graveyard into a subterranean afterlife, where he has been welcomed by a Trumpian demimonde that deified him at first sight.Flynn possesses unique credibility among the ex-president’s followers, with his own compelling story line: that of a distinguished intelligence official who, he claims, experienced firsthand the nefariousness of the deep state. He is a MAGA martyr of such stature that the faithful have been willing to overlook some complicating elements of history. There is the fact that Trump fired Flynn from his post as national security adviser for the same lie that led to his indictment by the Justice Department, and the fact that Flynn, after pleading guilty, spent 2018 cooperating with the Justice Department investigation of other Trumpworld figures. In the right’s transfigured portrayal of Flynn, “America’s general” was at most guilty of being a conservative who dared to accuse Obama of being soft on Islamic extremists, who dared to chant “lock her up” about the Democratic presidential candidate Hillary Clinton — and who dared to ally himself with Donald Trump at a moment when doing so, for a retired military figure of his stature, was still deeply taboo. That an American three-star general had faced such persecution — that, as Eric Trump said, “they did it to him” — meant, by extension, that no conservative patriot was safe.In the year since Flynn sought to enlist the military in overturning the election, he has continued to fight the same battle by other means. He has been a key figure in spreading the gospel of the stolen election. Speaking at a rally in Washington on Jan. 5 of last year, the night before the Trump faithful stormed the Capitol, he declared that “everybody in this country knows who won” on Election Day and claimed without evidence that more dead people had voted in the election in some states than were buried on famous Civil War battlefields.In November, the House of Representatives’ Jan. 6 committee issued a subpoena to Flynn ordering him to testify, noting his reported presence at the Dec. 18 Oval Office meeting. In his speech the night before the Capitol riot, Flynn pledged: “Tomorrow, we the people are going to be here, and we want you to know that we will not stand for a lie.” The same day, Flynn was photographed with the longtime Trump adviser Roger Stone at the Willard Hotel, where several of the president’s loyalists had assembled. Flynn was also seen that evening down the street from the Willard at the Trump International Hotel, where other Trump advisers and family members had gathered and where Byrne had paid for Flynn’s lodging.Flynn has sued to block the subpoena; his attorney, David Warrington, said in a statement, “General Flynn did not organize or speak at any of the events on Jan. 6, and like most Americans, he watched the events at the Capitol unfold on television.”But the committee’s interest has both reflected and fueled a suspicion that Flynn is something more than a MAGA circuit rider. In addition to his role in the Dec. 18 meeting, Flynn is set apart by the 33 years he spent in the military establishment and the intelligence community, and by his persistent connections to that world. His brother Lt. Gen. Charles A. Flynn was an Army deputy chief of staff when rioters overtook the Capitol and took part in a phone call that day about whether to bring in the National Guard to assist the overwhelmed Capitol Police force. (Charles Flynn later denied to reporters that his brother’s views influenced the military’s response to Jan. 6.) Flynn’s suggestion at a conference last May that a Myanmar-style military coup “should happen” in the United States led Representative Elaine Luria, a moderate Democrat from Virginia and former Navy commander, to argue that Flynn should be tried for sedition under the Uniform Code of Military Justice.Flynn has denied calling for a coup. He did not respond to a detailed request for comment for this article. In Phoenix, he described his motive for his ongoing activities as the patriotic urge to “stand here and fight for this country” and alluded to the scandal and financial ruin that followed for his family. “What we experienced was unbelievable,” he said.His war against the federal government is all the more dangerous because it’s personal. “If you think of the classic case studies in how radicalization occurs, it all happened with Mike Flynn,” a fellow military veteran who later did business with Flynn observed. “You’re vilified. Your family’s ostracized. You don’t see any hope economically. This is how to make an extremist.”Long before his descent into election conspiracism, Flynn was known for his unorthodox information-gathering methods. Those who worked with him at the Joint Special Operations Command, where he arrived in 2004, and his later posting in Afghanistan, where he was the top intelligence officer for the coalition commander, Gen. Stanley McChrystal, recalled his approach as obsessive, omnivorous, high-velocity.“He was incredibly rapid,” one of his colleagues in Afghanistan recalled. “He’d take in intelligence from unusual sources, from the grass roots” — coalition soldiers in far-flung units — “and from open-source, not relying on signals. And he ran things in a very horizontal fashion. When you sent in a report, his first instinct was, ‘Who needs to see this?’ And he’d put 30 people on the email chain. It was interesting to see someone function not according to the usual rules.”Former colleagues recall Flynn reviewing reports at his desk late into the night, a half-eaten plate of tater tots beside him. His tenacity seemed to be exactly what the U.S. military effort needed. By 2004, it was clear to everyone on the ground in Iraq that one year after the invasion, U.S. troops remained at pains to understand who the enemy was, much less to defeat it. Flynn’s team closed the information gap in a hurry.But Flynn’s intelligence-gathering operation was invariably chaotic, embodied by the general himself — who, the former Afghanistan colleague said, “would contradict himself three or four times over a 10-minute period.” His determination to get actionable intelligence into the right hands also led him to defy protocol on occasion, as when a colleague saw Flynn sharing classified information on his computer with a Dutch officer in 2009. Around the same time, according to a Washington Post account, Flynn also shared sensitive intelligence with Pakistani officials, for which he was reprimanded by the Pentagon’s top intelligence official at the time, James Clapper.Flynn’s discernment as an intelligence analyst also left something to be desired, recalled one former military intelligence officer who worked with him: “During the interrogations at Abu Ghraib, you just couldn’t explain to him that ‘Look, a lot of these guys that were taken off the battlefield just don’t know anything. And they’re all not interconnected.’ And he’d be like, ‘There’s got to be some connection that we’re not making.’ And we’d be like, ‘No, it’s just not there.’” Still, Flynn’s teams provided intelligence on the whereabouts and capabilities of Iraqi and Afghan militants of such value to America’s war-fighting efforts in both countries that his problematic tendencies were largely overlooked at the time.Flynn onstage with Eric Trump in Phoenix.Mark Peterson for The New York TimesIn his book, “The Field of Fight,” Flynn describes how, after the Sept. 11 attacks, he came to believe that radical Islam was an organized global project to destroy the West, akin to the Soviet Union’s designs on the developing world during the Cold War (which Flynn experienced firsthand as a young Army lieutenant participating in the U.S. invasion of Communist-controlled Grenada in 1983). By family tradition, Flynn, the working-class son of an Army sergeant from Rhode Island, was a registered Democrat. But he also regarded the left as useful idiots in the radical Islamists’ plans, if not outright accomplices. While in Afghanistan, he disdainfully opined to a colleague that Obama wanted to “remake American society.”His misgivings about the president became personal in June 2010, when Obama fired McChrystal, Flynn’s mentor, after a Rolling Stone article quoted McChrystal’s team mocking members of the Obama administration. Six years later, Flynn would say in “The Field of Fight” that McChrystal’s “maltreatment is still hard for me to digest.”Still, Flynn’s service under McChrystal had garnered significant admiration in Washington, and Clapper, who by this point was serving as the director of national intelligence, brought Flynn to work at the O.D.N.I. in 2011. A year later, Flynn became the new director of the D.I.A. On paper, bringing in the top intelligence officer in Iraq and Afghanistan made perfect sense. On the other hand, Flynn’s experience as the supervisor of a small operation would not readily scale to an organization of 17,000 employees within a top-heavy and doctrinaire intelligence bureaucracy.One former senior intelligence official recalled trying to warn Flynn that running a large agency required different management techniques from those to which he was accustomed. Flynn, undeterred, wasted little time upending the D.I.A. He shuffled the responsibilities of the agency’s senior executives and made significant structural changes to the Defense Clandestine Service in defiance of the instruction of his Pentagon superiors. He often ignored his civilian chain of command, according to one of his subordinates.Woven into the mythology of Flynn’s martyrdom is that his dire warnings about the growing threat of Islamic extremism were what ultimately cost him his job at the D.I.A. In “The Field of Fight,” he claimed to have been given his walking papers in February 2014 “after telling a congressional committee that we were not as safe as we had been a few years back.” In fact, the only evidence I could find of Flynn saying anything along these lines was his remarks to an audience at the Aspen Institute fully five months after being asked for his resignation by James Clapper and Michael Vickers, the under secretary of defense for intelligence, not Obama. “President Obama wouldn’t have known Flynn if he’d fallen over him,” Clapper told me. “We told Susan Rice” — Obama’s national security adviser — “what we’d done after the fact.” Their reasons for ending Flynn’s tenure, he added, included insubordination and erosion of morale at the agency. Clapper termed Flynn’s fired-for-telling-the-truth narrative “baloney.”Flynn was permitted to retire with the full benefits accorded a three-star general. His retirement ceremony on Aug. 7, 2014 was well attended. He bought a three-bedroom house in the Old Town neighborhood of Alexandria, Va., and set up a consulting shop, Flynn Intel Group, in an office overlooking the Potomac River. And he began venturing into politics. Six months after his retirement, he went on “Fox News Sunday” to criticize the Obama administration’s terrorist-fighting “passivity.” A string of further appearances on the network followed. Flynn also began consulting with Republican presidential contenders, including Carly Fiorina and Scott Walker.But in the private sector, too, Flynn was reckless. His admirers were horrified to see him form a partnership with Bijan Kian, an Iranian American businessman who would later be indicted on charges of acting as an unregistered agent of the Turkish government (the case has not been resolved). Kian epitomized, in the words of a former colleague, “these guys in the D.C. swamp who prey on generals fresh out of the military with no understanding of how the business world works.”Even more concerning was Flynn’s acceptance of more than $45,000 for a speaking appearance in Moscow, at the 10th anniversary gala of Russia’s state-run RT channel in December 2015, where he was photographed sitting next to President Vladimir Putin. Friends and at least one intelligence official advised Flynn against attending the party to celebrate a Russian propaganda organization that was at the time openly spreading misinformation about and within the United States and other NATO countries. Flynn assured them that he knew what he was doing.Trump did not find Flynn’s views on Russia disqualifying in the least. By the time the candidate had wrapped up the Republican nomination, Flynn was his senior foreign-policy adviser — and, briefly, the only nonpolitician under consideration to be Trump’s running mate, according to a former Trump campaign adviser. Like most of those in Trump’s orbit, Flynn did not seem to be staking his career on a victory in November. Beginning in the final weeks of the campaign, Flynn’s consulting firm accepted over a half-million dollars from a Dutch group with ties to President Recep Tayyip Erdogan of Turkey. On Election Day in 2016, The Hill published an op-ed by Flynn (in which he failed to disclose his consulting relationship) titled “Our Ally Turkey Is in Crisis and Needs Our Support.”Even for those conservatives who reject the most garish Trump-centric conspiracy theories, there is a tendency to view Flynn as a pawn in a chess match between Trump and federal officials who had reason to wonder if the new president sought help from the Russian government during his campaign. This is true to an extent, but Flynn had placed himself on the chessboard. He lied about discussing the Obama administration’s sanctions on Russia with that country’s ambassador to the United States, Sergey Kislyak, during the presidential transition — first to incoming Vice President Mike Pence, then to White House officials, then to the media and finally to two F.B.I. agents. One former senior intelligence official who reviewed the transcript of Flynn’s conversation with Kislyak told me that he was struck by the “plain stupidity” of Flynn’s lies — knowing that Trump’s campaign was already drawing scrutiny for its contacts with Russia and knowing as well that any phone conversation with a Russian diplomat was likely to be recorded by U.S. intelligence agencies.When Flynn resigned in February 2017, Trump did not pretend to be heartbroken by the loss. As one of Trump’s senior advisers told me, Flynn “had no chemistry with Trump and didn’t come across as a guy who had it together.” But according to another adviser, the firing of Flynn constituted an early show of weakness in the eyes of the president’s son-in-law and consigliere, Jared Kushner, who confided to this individual in 2020 that throwing Flynn to the wolves was “the biggest mistake we ever made.” (Kushner could not be reached for comment.)The following December, Flynn struck a plea deal with the special counsel, Robert Mueller. Over the course of a year, Flynn sat for about 20 interviews and acknowledged, in private and later in court, that he had willfully not told the truth about the nature of his conversations with Kislyak. Though the summaries of these interviews suggest Flynn was far from expansive and at times evasive, Mueller’s team was clearly hopeful that Flynn’s experience would encourage others in Trump’s circle to come forward. The prosecutors indicated that they would not object to Flynn’s receiving no jail time.The crowd at the ReAwaken America event in Phoenix.Mark Peterson for The New York TimesStill, Flynn was racking up immense legal fees and could not find work. In the spring of 2019, he decided to fire his attorneys and replace them with the Dallas-based lawyer Sidney Powell, his future partner in the crusade to overturn the 2020 election. Powell withdrew Flynn’s guilty plea and claimed that the prosecutors were withholding what she called a crucial report that, as it turned out, did not exist. In May 2020, Attorney General William Barr intervened and moved that the case against Flynn be dismissed. A federal judge was still weighing whether to accept Barr’s recommendation when Trump rendered the matter moot by issuing his pardon on Nov. 25.Less than a month after receiving his pardon, Flynn was face to face with the man who had given it to him, presenting what Byrne called the “beautiful operational plan” for deploying the military to six contested states. When both the White House and Ezra Cohen declined to enact this plan, Flynn continued to hype fraud conspiracy theories — and intended to do the same in a speech at Trump’s rally on the morning of Jan. 6, until he was informed at the last minute that his and Byrne’s slots had been canceled.Byrne wrote that “Flynn and I sunk into our seats in despair” in the V.I.P. section throughout the program. They had hoped the president would make an evidentiary case for there having been an election-fraud conspiracy, but he had done nothing of the sort. According to Byrne’s account in his self-published book “The Deep Rig,” the two men repeatedly said to each other: “He does not get that it is not about him. He put on a [expletive] pep rally.” They returned to their hotel, hurriedly packed their bags and did not follow the throng to the Capitol, Byrne wrote.Like several other Trump allies, Flynn refused to testify as scheduled before the Jan. 6 Committee in December and sued to block its subpoena of his phone records. Flynn’s defiance of the committee fuels suspicions in some corners that Flynn has something to hide — though his reticence would also be in keeping with someone who insists an election was stolen by the same deep-state operatives who engineered his dismissal from the White House five years ago. “They did a masterful job of getting rid of me early on, because they knew exactly what I was going to do,” Flynn told Paul Vallely on a podcast in November.In September, I was attending a rally near the Capitol in support of those facing charges in the Jan. 6 riot when a short, muscular man with a shaved head approached me. He wore a T-shirt with Flynn’s face on it. Noticing my press badge, he held his iPhone up to my face and demanded to know: “Why aren’t you guys reporting on the 12th Amendment that’s going to potentially be triggered after Arizona, Georgia and Wisconsin nullify their electors?”I tried to explain that I was not writing about the election, but the man continued to talk. The next morning, I learned that a video of the encounter had been posted on the man’s Telegram account. His name was Ivan Raiklin, and he was a former Green Beret and lawyer.Raiklin has often emphasized his dealings with Flynn. When he briefly tried to run for the U.S. Senate in Virginia in 2018, Raiklin was endorsed by Flynn’s son Michael Flynn Jr., and he sat in the federal courtroom next to Sidney Powell during the elder Flynn’s hearing that December; Flynn has been photographed with Raiklin elsewhere and once described him on Twitter as “a true American patriot.” Beyond that, Flynn has never confirmed their relationship, and Flynn’s brother Joe Flynn, in a brief statement on behalf of their family, said, “We do not have any association with Ivan Raiklin.”‘He kept referring back to Mike Flynn as this linchpin and cog.’Raiklin is one of a cohort of military-intelligence and law-enforcement veterans who have found or at least claimed places in Flynn’s general orbit since the 2020 election and are engaged in ongoing efforts to relitigate its results. Others include Seth Keshel and Jim Penrose from the group that gathered at Lin Wood’s estate that November; Phil Waldron; Thomas Speciale, the leader of the group Vets for Trump, who worked at the D.I.A. during Flynn’s directorship and has provided security for Flynn; and Robert Patrick Lewis and the former Michigan police officer Geoffrey Flohr of the First Amendment Praetorian, a right-wing paramilitary outfit that has provided security for Flynn and others more than once at Flynn’s behest.Several of these men were present at the Capitol on Jan. 6, though in what capacity, and to what end, is still unclear. Flohr can be seen in video footage on the grounds near the west side of the Capitol talking on his cellphone just before the attack, though it is not known if he entered the building. Speciale was also on the west side of the building that afternoon, though he maintains that he never entered. Raiklin, too, was at the Capitol but insists he did not go inside the building.What is less ambiguous is the role that some of these figures have played in the effort to reverse 2020’s outcome by other means. Since the election, Trump’s claims of thwarted victory have given rise to a wave of state-level organizing aimed at using legislatures and other levers of power to audit the 2020 election results, on the theory that they will void enough Electoral College votes to force a rerun of the election. Although the handful of state and local audits that activists and Republican lawmakers have managed to set in motion — most significantly in Arizona — have in no cases changed the election results, it remains an area of fervent activity, in which Flynn’s name is regularly invoked.In November in New Hampshire, I attended an “election-security seminar,” presented by an organization called the New Hampshire Voter Integrity Group. The conference room was standing room only. The speakers included a state representative, a Republican candidate for Congress and Seth Keshel, who argued that their foremost mission should be “the remediation of the 2020 election.”The final speaker was Ivan Raiklin. In his hypercaffeinated cadence, Raiklin devoted his talk to enumerating the supposed conspirators whose ongoing presence helped explain “why we haven’t remedied 2020 yet.” Those forces, he said, included the F.B.I., the Bushes, Chief Justice John G. Roberts Jr., former Vice President Mike Pence and former Vice President Dick Cheney. This was the deep state that Trump was up against, Raiklin said.And, he added, “who’s the first person of any stature whatsoever who has any credibility, other than within his family and the Trump Organization, that comes in and bats for him? This is important. This is the most important thing. Say it louder: General Flynn.” Flynn and Trump’s independence was a threat to the deep state, Raiklin insisted, which led to Flynn’s indictment and Trump’s defeat. “The reason why a million people showed up on Jan. 6,” he said, was that “they know bits and pieces of the story. And they knew that something had to be called out publicly. ”The same month as the New Hampshire event, the Jan. 6 committee heard testimony from a Republican candidate for the U.S. Senate in Pennsylvania named Everett Stern, who has said he was approached last April by two associates of Raiklin at a Republican gathering in Berks County. Stern, who owns a private intelligence firm, told me that the associates wanted to enlist his help in persuading high-ranking Republican officials in Pennsylvania to support an audit in that state. When Stern asked whom they were working with, one of them replied, “General Flynn.”Later, Stern said, Raiklin communicated directly with him through text messages to find out more about his professional and personal life. After this vetting, Stern says that he was tasked with finding unflattering information about a particular Republican congressman so he could be “pushed” toward supporting an audit. Stern says he was also set up to meet personally with Flynn in Dallas in mid-June. By this time, however, Stern had reported his communications to the F.B.I. and was afraid of his legal exposure. He canceled at the last minute.Michael Flynn before the crowd in Phoenix.Mark Peterson for The New York TimesJoe Flynn told me: “We do not have anything to do with what Everett Stern is alleging,” adding, “He’s nuts.” Raiklin, too, denied to me that he helped recruit Stern to pressure elected officials into supporting a 2020 election audit. But I heard a similar story from J.D. Maddox, a former C.I.A. branch chief who ran unsuccessfully for the Virginia House of Delegates last year. Maddox, who has not previously spoken publicly about his experience, told me that he was at a candidate meet-and-greet in Arlington last May when he bumped into Raiklin. Raiklin again brought up the need for election audits — and suggested tactics far beyond lobbying legislators. “If the Democrats don’t give us that,” Maddox recalled him saying, “then violence is the next step.”Raiklin proceeded into what Maddox described as “a wild, contortionist explanation of how they would reverse Biden’s election,” involving a succession of state audits. First Arizona, then Georgia, then Wisconsin and then other state legislatures would nullify the 2020 election results, he envisioned, until Biden’s victory margin would evaporate. Maddox told Raiklin he was skeptical. “But he said he was certain it was going to happen,” Maddox told me. “And he kept referring back to Mike Flynn as this linchpin and cog.”“General Flynn is central to all this,” Raiklin had similarly claimed in New Hampshire when I spoke with him briefly after his talk. He refused to elaborate, so what that meant, exactly, was hard to say. In the feverish activity that now attends the 2020 election on the right, it can be difficult to distinguish conspiring from conspiracism — not least in Flynn’s own statements. In an interview in late January with the right-wing conspiracy website Infowars, Flynn accused George Soros, Bill Gates and others of creating the coronavirus so they could “steal an election” and “rule the world.” In another interview, he floated the rumor that “they” may be “putting the vaccine in salad dressing.”But the Capitol riot demonstrated how quickly such conspiracism could be converted into action. The belief that the 2020 election was stolen holds sway in the Republican Party as much now as it did then: According to a YouGov poll in December, 71 percent of all Republicans believe that Biden was not elected legitimately. The stolen-election myth has fused with a host of other right-wing preoccupations — the coronavirus vaccines, critical race theory, border security — into a single crisis narrative, of which Flynn is both purveyor and protagonist: The deep state intends to break America as it tried to break Flynn and the man he had the audacity to serve, Donald Trump.At the ReAwaken America event in Phoenix, I visited a booth hawking art by a man named Michael Marrone. In addition to the usual hagiographic portraits of Trump in Revolutionary War garb, Marrone had several of Flynn and other hallowed figures in the original effort to overturn the election, like Lin Wood and Sidney Powell. One featured the general seated next to Powell, both in colonial attire, signing the Declaration of Independence. In another, Flynn stood jut-jawed and eagle-eyed, wielding a musket. A third, featuring him beside Trump on a battlefield, bore Flynn’s autograph, next to the QAnon slogan WWG1WGA (“where we go one, we go all”).In real life, the bonds among this band had started to fray. Wood and Flynn endorsed different Republican candidates for governor of Georgia, a state that has become central to the right-wing efforts to overturn the 2020 results and assert partisan control over future elections. Their estrangement deepened and eventually became public when Wood posted text messages and snippets of a phone conversation on the social media app Telegram. In one of them, Flynn expressed his belief that Trump had “quit” on America.When I spoke with Wood in December, he told me that he had begun to reappraise the general. For so long Flynn’s partner in conspiracism, he had lately begun to wonder if Flynn himself might not be what he seemed. He told me about attending a Bikers for Trump rally in South Carolina last May, where Flynn led the crowd in the Pledge of Allegiance, only to fall silent momentarily during the line “and to the Republic for which it stands.” At the time, “I tried to defend him,” Wood said. “Now I don’t know. Who forgets the Pledge of Allegiance? Draw your own conclusions. It’s troublesome.”It occurred to me that this, one way or another, was probably Flynn’s life for the foreseeable future: The prospect of a normal retirement long gone, he now belonged to a MAGA storybook world of heroes and villains and nothing in between. That world “is filled with strong personalities, which is a complication in any movement,” said J.D. Rucker, a conservative podcaster who is acquainted with and admires Flynn. “When you’re fighting for a cause, you’re also fighting for a spotlight within that cause. The left is less susceptible to this — whether because they have a more collectivist view or because they’re not as capitalistic, I don’t know.”“It’s a challenge to call out a grifter,” Rucker mused, “because usually they have a very passionate, cultlike following. And sometimes we get this situation where we have these multiple grifters going after each other. It’s entertaining, but it’s also dangerous for everybody involved.”Robert Draper is a contributing writer for the magazine. He is the author of several books, most recently “To Start a War: How the Bush Administration Took America Into Iraq,” which was excerpted in the magazine. More

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    A Fox News ‘Defector’ on How the Network ‘Played Footsie’ With Trump

    The former Fox commentator Jonah Goldberg — who has been called a “Fox defector” — says that Tucker Carlson’s latest documentary series was “the anvil that broke the camel’s back.” Titled “Patriot Purge,” it featured conspiracy theories about the Jan. 6 insurrection under the guise of journalistic interrogation. It also became a breaking point in a schism unfolding at the network between those who have embraced the Big Lie and those who feel troubled by the network’s abandonment of basic facts.[You can listen to this episode of “Sway” on Apple, Spotify, Google or wherever you get your podcasts.]In this conversation, Goldberg offers insight into Fox’s embrace of Trumpism and the ways the network has “played footsie” with falsehoods and the former president. They discuss Rupert Murdoch, Roger Ailes and the legacy media shake-up spurred in part by Substack, which Goldberg and his business partner Stephen Hayes use to distribute their conservative online publication, The Dispatch. And they discuss the 2024 Republican primaries, as Goldberg muses about whether a potential Tucker Carlson ticket could beat Trump.This episode contains strong language.(A full transcript of the episode will be available midday on the Times website.)Courtesy of Jonah GoldbergThoughts? Email us at sway@nytimes.com.“Sway” is produced by Nayeema Raza, Blakeney Schick, Daphne Chen, Caitlin O’Keefe and Wyatt Orme, and edited by Nayeema Raza; fact-checking by Kate Sinclair; music and sound design by Isaac Jones; mixing by Carole Sabouraud and Sonia Herrero; audience strategy by Shannon Busta. Special thanks to Kristin Lin and Kristina Samulewski. More

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    Memos Show Roots of Trump’s Focus on Jan. 6 and Alternate Electors

    Just over two weeks after Election Day, lawyers working with the Trump campaign set out a rationale for creating alternate slates of electors as part of an effort to buy time to overturn the results.Fifteen days after Election Day in 2020, James R. Troupis, a lawyer for the Trump campaign in Wisconsin, received a memo setting out what became the rationale for an audacious strategy: to put in place alternate slates of electors in states where President Donald J. Trump was trying to overturn his loss.The memo, from another lawyer named Kenneth Chesebro, may not have been the first time that lawyers and allies of Mr. Trump had weighed the possibility of naming their own electors in the hopes that they might eventually succeed in flipping the outcome in battleground states through recounts and lawsuits baselessly asserting widespread fraud.But the Nov. 18 memo and another three weeks later are among the earliest known efforts to put on paper proposals for preparing alternate electors. They helped to shape a crucial strategy that Mr. Trump would embrace with profound consequences for himself and the nation.The memos show how just over two weeks after Election Day, Mr. Trump’s campaign was seeking to buy itself more time to undo the results. At the heart of the strategy was the idea that their real deadline was not Dec. 14, when official electors would be chosen to reflect the outcome in each state, but Jan. 6, when Congress would meet to certify the results.And in that focus on Jan. 6 lay the seeds of what became a pressure campaign on Vice President Mike Pence to accept the validity of a challenge to the outcome and to block Congress from finalizing Joseph R. Biden Jr.’s victory — a campaign that would also lead to a violent assault on the Capitol by Trump supporters and an extraordinary rupture in American politics.“It may seem odd that the electors pledged to Trump and Pence might meet and cast their votes on Dec. 14 even if, at that juncture, the Trump-Pence ticket is behind in the vote count, and no certificate of election has been issued in favor of Trump and Pence,” the Nov. 18 memo said. “However, a fair reading of the federal statutes suggests that this is a reasonable course of action.”Read the Nov. 18 Memo on Alternate Trump ElectorsThe memo is among the earliest known efforts to put on paper proposals for preparing alternate slates of Trump electors in Biden-won states.Read Document 7 pagesBoth federal prosecutors and the House committee investigating the events of Jan. 6 have recently confirmed that they are examining the effort to submit alternate slates of electors to the Electoral College. On Friday, congressional investigators issued subpoenas to 14 people who claimed to be official Trump electors in states that were actually won by Mr. Biden.The two memos, obtained by The New York Times, were used by Mr. Trump’s top lawyer, Rudolph W. Giuliani, and others like John Eastman as they developed a strategy intended to exploit ambiguities in the Electoral Count Act, according to a person familiar with the matter.The memos were initially meant to address Mr. Trump’s challenge to the outcome in Wisconsin, but they ultimately became part of a broader conversation by members of Mr. Trump’s legal team as the president looked toward Jan. 6 and began to exert pressure on Mr. Pence to hold up certification of the Electoral College count.Neither Mr. Troupis nor Mr. Chesebro responded to requests for comment about the memos. Even before they were written, legislative leaders in Arizona and Wisconsin sought advice from their own lawyers about whether they had the power to alter slates of electors after the election took place and were effectively told they did not, according to new documents obtained by American Oversight, a nonprofit watchdog group.Mr. Trump has long embraced the scheme. Just this past weekend, he issued a statement reiterating that he was justified in using the process in Congress on Jan. 6 to challenge the outcome and asserting that Mr. Pence “could have overturned the election.”The plan to employ alternate electors was one of Mr. Trump’s most expansive efforts to stave off defeat, beginning even before some states had finished counting ballots and culminating in the pressure placed on Mr. Pence when he presided over the joint congressional session on Jan. 6. At various times, the scheme involved state lawmakers, White House aides and lawyers like Mr. Chesebro and Mr. Troupis.James R. Troupis, a lawyer for the Trump campaign in Wisconsin, sought to invalidate the use of absentee ballots in Milwaukee and Dane Counties.Pool photo by Greg NashIn the weeks after the election, Mr. Troupis oversaw the Trump campaign’s recount effort in Wisconsin, which ultimately showed that Mr. Biden had won by more than 20,000 votes. In early December 2020, Mr. Troupis filed a lawsuit on behalf of the Trump campaign that sought to invalidate the use of absentee ballots in Milwaukee and Dane Counties, which both have large numbers of Black voters.At a hearing in front of the Wisconsin Supreme Court, one justice, Rebecca Dallet, noted that Mr. Troupis had not sought to invalidate votes in Wisconsin’s 70 other counties but had focused only on the “most nonwhite, urban” parts of the state. Another justice, Jill Karofsky, echoed that sentiment, telling Mr. Troupis that his lawsuit “smacks of racism.”In late December, Mr. Chesebro joined Mr. Troupis in asking the U.S. Supreme Court to review the question of whether competing slates of electors in Wisconsin and six other contested states could be considered on Jan. 6. The high court denied their request.The language and suggestions in the memos from Mr. Chesebro to Mr. Troupis closely echo tactics and talking points that were eventually adopted by Mr. Trump’s top lawyers.The November memo, for example, called Jan. 6 the “hard deadline” for settling the results of the election and advised that the Trump campaign had nearly two months for “judicial proceedings” to challenge the outcome. It also suggested that Trump-friendly electors in Wisconsin needed to meet in Madison, the state capital, on Dec. 14, 2020, the day the Electoral College would be voting.The second memo was dated Dec. 9, 2020, and expanded on the plan. It set forth an analysis of how to legally authorize alternate electors in six key swing states, including Wisconsin. It noted that the scheme was “unproblematic” in Arizona and Wisconsin, “slightly problematic” in Michigan, “somewhat dicey” in Georgia and Pennsylvania, and “very problematic” in Nevada.Read the Dec. 9 Memo on Alternate Trump ElectorsThe document elaborated on an earlier memo about preparing alternate slates of Trump electors in Biden-won states.Read Document 5 pagesRepresentative Pete Aguilar, Democrat of California and a member of the committee investigating the Jan. 6 attack on the Capitol, said the panel was examining the origins of the plans to put forward alternate electors. The panel already has in its possession memos that were written by Mr. Eastman and another Trump lawyer, Jenna Ellis, in late December 2020 and early January 2021; those memos laid out steps for Congress to take to cast aside Mr. Biden’s electors in key swing states.“We know this was a coordinated effort on behalf of the former president and those around him to overturn a free and fair election,” Mr. Aguilar said. “We continue to learn new and more details. It’s incredibly troubling to know the lengths they went to support these efforts in multiple states.”Mr. Aguilar said that he and others on the panel believed the plan to use the electors was connected to other aspects of Mr. Trump’s effort to remain in power, such as proposals to seize voting machines and to put intense pressure on Mr. Pence to throw out legitimate electoral votes.“We need to know the depth of that plan, and we need to know the different ways in which they sought to operationalize their theory,” he said. More

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    Republicans Who Voted to Impeach Trump Out-Raised Primary Rivals

    Despite their pariah status in their party, House Republicans who broke with the former president have raised more than their G.O.P. foes.WASHINGTON — All seven House Republicans who voted to impeach former President Donald J. Trump and are seeking re-election have out-raised their primary opponents, many of whom have received Mr. Trump’s backing, according to campaign disclosures filed with the Federal Election Commission this week.In Wyoming, Representative Liz Cheney, who was all but exiled by her party for bluntly condemning Mr. Trump’s false election claims and has emerged as one of the lead lawmakers on the special committee investigating the Jan. 6 attack, raked in $2 million during the last quarter, entering 2022 with nearly $5 million in cash on hand. Her opponent, Harriet Hageman, who has drawn the vociferous support of Mr. Trump and his family, raised $443,000 last quarter and has about $380,000 cash on hand.Representative Fred Upton, a centrist who has held his seat in southwest Michigan for more than three decades, brought in $726,000 and has about $1.5 million cash on hand, well ahead of the challenger Mr. Trump has endorsed, Steve Carra, a state representative who raised $134,000 last quarter and has $200,000 cash on hand.Joe Kent, a Trump-backed Army Special Forces veteran prolific on social media and conservative talk shows, appeared to come closer to matching the fund-raising totals of his opponent, Representative Jaime Herrera Beutler of Washington, but still trailed her in both quarterly hauls and cash on hand.The disclosures illustrate the foothold that establishment conservatives and well-funded political action committees still hold among the party’s donor class, despite Mr. Trump’s continuing grip on the Republican base. They also reflect how the former president’s endorsements, which he has dangled as threats over Republican lawmakers he deems insufficiently loyal to him, have yet to translate into significant donations for the candidates he backs.How Donald J. Trump Still LoomsGrip on G.O.P.: Mr. Trump remains the most powerful figure in the Republican Party. However, there are signs his control is loosening.Trump vs. DeSantis: Tensions between the ex-president and Florida governor show the challenge confronting the G.O.P. in 2022.Midterms Effect: Mr. Trump has become a party kingmaker, but his involvement in state races worries many Republicans.Just the Beginning: For many Trump supporters who marched on Jan. 6, the day was not a disgraced insurrection but the start of a movement.By contrast, Mr. Trump’s political operation is doing far better than his party in raking in money, having raised more than $51 million in the second half of 2021 and entering 2022 with more than double the cash on hand of the Republican National Committee.“The massive fund-raising hauls of some of these incumbents reflects a lot of people’s support for the positions they took,” said Alex Conant, a veteran Republican political strategist. “There’s only a handful of them, but they have a huge donor pool to draw from. And Trump has always struggled to translate his political capital to others.”Even with their hulking war chests, the Republicans who voted to impeach Mr. Trump last year for his role in inciting the Capitol riot are expected to face grueling primary battles after inflaming the wrath of conservative voters. Some may still opt to retire, joining three of their colleagues who also voted to impeach Mr. Trump and already said they would not run for re-election in 2022.Mr. Upton said in a statement on Wednesday that he saw his fund-raising numbers as evidence of a “hunger for restoring civility and solving pressing problems” that was “resonating with people across America,” but added that he was still deliberating over whether he would run for re-election.Some of the financial disparities reflect straggling primary fields that have yet to be narrowed or candidates who only decided recently to enter their races. In South Carolina, for example, Mr. Trump endorsed a primary challenger to Representative Tom Rice on Tuesday, elevating Russell Fry, a state representative, over Graham Allen, a conservative media personality who had raised the most money in a crowded primary. Mr. Rice’s latest disclosure showed him with five times as much cash on hand as Mr. Allen.“Congressman Tom Rice of South Carolina, the coward who abandoned his constituents by caving to Nancy Pelosi and the radical left, and who actually voted against me on impeachment hoax #2, must be thrown out of office ASAP,” Mr. Trump wrote in his endorsement.Mr. Rice shot back with a retort of his own: “I’m glad he’s chosen someone. All the pleading to Mar-a-Lago was getting a little embarrassing. I’m all about Trump’s policy. But absolute pledge of loyalty, to a man that is willing to sack the Capitol to keep his hold on power, is more than I can stomach.”For Trump-backed candidates, more help from the boldfaced names of the party’s right flank is likely on the way. On Tuesday evening, a day after campaigns were required to file their latest Federal Election Commission disclosures, Mr. Kent held a fund-raiser with Mr. Trump at his Mar-a-Lago resort in Palm Beach, Fla., at which couples that donated or raised $25,000 were invited to attend a private reception and take a picture with the former president.Mr. Kent has previously complained on Twitter that Ms. Herrera Beutler was “running on America Last PACs not grass roots donations,” referring to big-money political action committees that once dominated campaign fund-raising, rather than the small-dollar contributions that are a growing source of financing for Republican campaigns.But as Ms. Hageman’s fund-raising totals illustrate, Mr. Trump’s backing alone does not guarantee an immediate financial windfall. Mr. Trump has targeted Ms. Cheney as one of his most high-profile detractors in Congress, hammering away at her for months and vowing to depose her. Last month, his son, Donald Trump Jr., joined an elite fund-raiser for Ms. Hageman hosted by tech billionaire Peter Thiel at his Miami compound. The donations raised there were not reflected on the report her campaign submitted this week.Ms. Hageman has chalked up Ms. Cheney’s fund-raising prowess to support from Democrats and out-of-state Republicans. A spokesman for Ms. Hageman’s campaign said she had raised more than half of her funds from within Wyoming.Establishment Republicans have rallied to Ms. Cheney’s side. Former President George W. Bush gave her the maximum donation of $5,800, while Senator Mitt Romney, Republican of Utah, and former Speaker Paul Ryan of Wisconsin, have each helped raise money for her.Mr. Bush also gave to Senator Lisa Murkowski of Alaska, who voted to convict Mr. Trump at his impeachment trial and is also facing a Trump-backed primary challenger. Ms. Murkowski out-raised that challenger, Kelly Tshibaka, raising $1.2 million last quarter, while Ms. Tshibaka raised about $600,000.“If you’d seen 100 Republicans voting to impeach Trump, the donor pool would have been more diluted,” Mr. Conant said. “They’re in a unique position to raise a lot of money.”Rachel Shorey More