More stories

  • in

    Giuliani Was Ordered to Pay $148 Million. What Happens Now?

    The two election workers who sued Rudolph W. Giuliani for defamation won’t be paid right away, and the judge could change the amount awarded by the jury.A federal jury in Washington ordered Rudolph W. Giuliani last week to pay $148 million in damages to two former Georgia election workers he defamed by spreading baseless claims that they tried to steal votes from Donald J. Trump on Nov. 3, 2020.Mr. Giuliani, who faces a litany of legal and financial troubles, has said he will appeal the verdict.Here’s what happens next:The judge will order a judgment on what Mr. Giuliani must pay.The jury awarded the two former poll workers, Ruby Freeman and her daughter, Shaye Moss, who are Black, $148 million. That was after they gave hours of emotional testimony describing the relentless threats and attacks they received, including from people who said they should be hanged for treason or lynched. The total included a combined $75 million in punitive damages; compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss; and $20 million to each of them for emotional suffering.Before Ms. Freeman and Ms. Moss can collect any money, the judge, Beryl A. Howell of the Federal District Court in Washington, will need to enter a judgment ordering the amount Mr. Giuliani is required to pay. In civil cases like this one, the judge can change the amount determined by the jury.Once Judge Howell rules on the amount, Mr. Giuliani can appeal the decision.The money will not come immediately.“Defense lawyers can string out these cases for pretty substantial periods of time before payments actually have to be made,” said Robert L. Rabin, a professor at Stanford Law School with expertise on torts and compensations.If Mr. Giuliani appeals the verdict, Ms. Freeman and Ms. Moss could ask the judge to make him post a bond to secure some of his assets while an appeal is pending, said Christopher M. Mattei, a lawyer who represented the Sandy Hook families in their defamation case against the Infowars founder Alex Jones.The women can also request a special proceeding to look into ways to collect the judgment from him, such as garnishing his wages. Mr. Giuliani, who served as the mayor of New York City and as a federal prosecutor, cannot currently work as a lawyer because of disciplinary actions against him.Mr. Giuliani refused to comply with the court’s requirement to disclose financial documents that would show his net worth, including how much money he makes from media endeavors such as his podcast.And at any point, Mr. Giuliani and Ms. Freeman and Ms. Moss could agree on a settlement.Mr. Giuliani will still be on the hook, even in bankruptcy.After Friday’s verdict, Mr. Giuliani was likely to file for bankruptcy protection, according to a lawyer familiar with his legal situation.The damages he owes Ms. Freeman and Ms. Moss are considered an “intentional tort,” meaning Mr. Giuliani was aware of what he was doing when he defamed the women by spreading baseless lies about election fraud, and bankruptcy would not erase his liability.“It may be that Ruby Freeman and Shaye Moss are able to chase Rudy Giuliani to his grave to catch every penny they can out of his pockets,” Barbara L. McQuade, a University of Michigan law professor, said recently on MSNBC. Ms. McQuade was a U.S. attorney for the Eastern District of Michigan from 2010 to 2017.If Mr. Giuliani, who is 79, dies before Ms. Freeman and Ms. Moss receive compensation, they could still collect compensatory and emotional damages against his estate, Mr. Rabin said.Mr. Giuliani faces additional legal challenges.Mr. Giuliani is under indictment in Georgia. A local prosecutor brought racketeering charges against him, Mr. Trump and others for their efforts to overturn the election results in Georgia.He faces a defamation suit from Dominion Voting Systems, one of the largest voting machine vendors in the country. The company accused Mr. Giuliani of spreading lies about the company as part of his efforts to keep Mr. Trump in office.Mr. Giuliani’s former lawyer, Robert J. Costello, is also suing him for $1.3 million in unpaid legal fees. And a former employee, Noelle Dunphy, filed a lawsuit in May, claiming that Mr. Giuliani harassed and assaulted her beginning in 2019. Mr. Giuliani has denied the allegations. More

  • in

    State Dept.’s Fight Against Disinformation Comes Under Attack

    The Global Engagement Center has become the focus of Republican-led criticism that the U.S. government coerces social media platforms into removing offensive content.A Republican-led campaign against researchers who study disinformation online has zeroed in on the most prominent American government agency dedicated to countering propaganda and other information operations from terrorists and hostile nations.The agency, the State Department’s Global Engagement Center, is facing a torrent of accusations in court and in Congress that it has helped the social media giants — including Facebook, YouTube and X — to censor Americans in violation of the First Amendment.The attorney general of Texas, Ken Paxton, and two conservative digital news outlets last week became the latest plaintiffs to sue the department and its top officials, including Secretary of State Antony J. Blinken. The lawsuit said the center’s work was “one of the most egregious government operations to censor the American press in the history of the nation.”The center faces a more existential threat in Congress. House Republicans blocked a proposal this month to reauthorize the center, which began in 2011 to counter the propaganda of terrorist groups like Al Qaeda and the Islamic State. A small agency, with a regular staff of 125 people, many of them contractors, and a budget of $61 million, the center coordinates efforts across the government to track and expose propaganda and disinformation from Russia, China and other adversaries. With its mandate set to expire at the end of next year, the center is now operating under a shroud of uncertainty, even though its supporters say there is no evidence to back the charges against it.If the Republicans hold firm, as a core bloc in the House appear determined to do, the center would disband amid two major regional wars and a wave of elections in 2024, including the U.S. presidential campaign.James P. Rubin, the center’s coordinator since early this year, disputed the allegations that his organization censored Americans’ comments online. The center’s legal mandate, he said, was to “focus on how foreign adversaries, primarily China and Russia, use information operations and malign interference to manipulate world opinion.”“What we do not do is examine or analyze the U.S. information space,” he said.The center’s fate has become enmeshed in a much broader political and legal campaign over free speech and disinformation that has gained enough traction to reach the Supreme Court.A lawsuit filed last year by the attorneys general of Missouri and Louisiana accused numerous government agencies of cajoling or coercing social media platforms into removing content that spread what officials called false or misleading information about the Covid-19 pandemic, the presidential election of 2020 and other issues.A federal court ruled in the plaintiffs’ favor in July, temporarily barring government officials from contacting officials with the companies except in matters of law enforcement or national security. An appeals court largely upheld the ruling in September but limited its reach, excluding several agencies from the lower court’s injunction against contacts, the Global Engagement Center among them.“There is no indication that State Department officials flagged specific content for censorship, suggested policy changes to the platforms or engaged in any similar actions that would reasonably bring their conduct within the scope of the First Amendment’s prohibitions,” wrote a three-judge panel for the United States Court of Appeals for the Fifth Circuit in New Orleans.The Global Engagement Center, which is part of the State Department, is facing a torrent of accusations in court and in Congress that it has helped the social media giants to censor Americans.J. Scott Applewhite/Associated PressThe Supreme Court is expected to weigh in next spring on the Missouri case, a decision that could have big ramifications for the government and free speech in the internet era. The campaign against researchers who study the spread of disinformation has already had a chilling effect on universities, think tanks and private companies, which have found themselves smothered by subpoenas and legal costs.The efforts have been fueled by disclosures of communications between government officials and social media companies. Elon Musk who released a selection of messages after he purchased Twitter, since rebranded as X, called the Global Engagement Center “the worst offender in US government censorship & media manipulation.”“They are a threat to democracy,” wrote Mr. Musk, who has restored numerous accounts that Twitter had suspended for violating the platform’s guidelines for disinformation, hate speech and other content. (Over the weekend, he allowed the return of Alex Jones, a far-right conspiracy theorist who spent years falsely claiming the Sandy Hook Elementary School shooting in 2012 was a hoax.)The Global Engagement Center has faced criticism before — not over censorship, but for having little effect at a time when global propaganda and disinformation has become more pernicious than ever with the rise of social media.A report by the State Department’s inspector general last year said the center suffered from a sclerotic bureaucracy that limited its ability to manage contractors and failed to create a strategic planning process that could measure its effectiveness. The department accepted the findings and promised to address them, the report said.Mr. Rubin, who was appointed at the end of last year, has sought to bolster the center’s core mission: challenging disinformation from foreign adversaries intent on undermining American democracy and influence around the world.In September, the center released a sweeping report that accused China’s Communist Party of using “deceptive and coercive methods” to try to control the global information environment. A month later it released two reports on Russia’s covert influence efforts in South America, including one intended to pre-empt an operation before it got off the ground.The Global Engagement Center began in 2011 to counter the propaganda of terrorist groups like Al Qaeda and the Islamic State.Jon Elswick/Associated PressThe center has had regular interactions with the social media companies, but, the appeals court ruled, there is no evidence that its officials coerced or otherwise influenced the platforms. Federal regulations prohibit any agency from engaging in propaganda at home.“We are not in the business of deciding what is true or not true,” Mr. Rubin said, adding that the center’s role was to identify “the hidden hand” of foreign propaganda.Since the Republicans took control of the House of Representatives in January, however, the Global Engagement Center has faced numerous subpoenas from a subcommittee investigating the “weaponization of government,” as well as depositions in lawsuits and requests for records under the Freedom of Information Act.At public hearings, House Republicans have repeatedly threatened not to renew the center’s expiring mandate and have grilled department officials about Americans whose accounts have been suspended. “The onus on you is to change my mind,” Representative Brian Mast, a Republican from Florida, told Daniel Kimmage, the center’s principal deputy coordinator, at a hearing in October.The Democrats in both houses of Congress and the Republicans in the Senate reached an agreement to extend the center’s mandate as part of the defense authorization act — one of the few pieces of legislation that might actually pass this year — but House Republicans succeeded in stripping the provision out of the broader legislation.The plaintiffs in the lawsuit filed last week in Texas argued that the department had in effect sidestepped its legal constraints by providing grants to organizations that routinely identify sources of disinformation in public reports and private interactions with social media platforms. The organizations include the Global Disinformation Index, a nonprofit based in London; and NewsGuard, a company in New York.The two news organizations that joined Texas in filing the suit — The Federalist and The Daily Wire — were both listed by the Global Disinformation Index in a December 2022 report as having a high risk for publishing disinformation. (The New York Times was among those rated as having a minimum risk. The Times’s website, the report said, “was not always free of bias, but it generally avoided targeting language and adversarial narratives.”)The center’s grant to the group — $100,000 in total — went to a project focused on disinformation in Southeast Asia. But the lawsuit claimed that its support injured the outlets “by starving them of advertising revenue and reducing the circulation of their reporting and speech — all as a direct result of defendants’ unlawful censorship scheme.”Josh Herr, The Daily Wire’s general counsel, said the outlet might never know “the full extent of the business lost.”“But this lawsuit is not about quantifying those losses,” he said. “We are not seeking damages. What we are seeking is to protect our rights, and all publishers’ rights, under the First Amendment.”Nina Jankowicz, a researcher who briefly served as the head of a disinformation advisory board at the Department of Homeland Security last year before controversy scuttled her appointment and the board itself, said the argument that the State Department was responsible for the impact of research it did not finance was absurd.Ms. Jankowicz said that the campaign to cast efforts to fight disinformation as a form of censorship had proved politically effective even when evidence did not support the claims.“I think any American, when you hear, ‘Oh, the administration, the White House, is setting up something to censor Americans, even if that has no shred of evidence behind it, your ears are going to prick up,” she said. “And it’s really hard to disprove all that.” More

  • in

    Election Worker Tells Jury: ‘Giuliani Just Messed Me Up’

    Ruby Freeman, one of two Georgia election workers found to have been defamed by Rudolph W. Giuliani, testified at the trial held to set the damages he will have to pay.Ruby Freeman, a former Georgia election worker, sat in a federal courtroom on Wednesday and told a jury: “Giuliani just messed me up, you know.”She was referring to Rudolph W. Giuliani, who was sitting a few feet from her, as she described how her life has been upended since Dec. 3, 2020. That was the date Mr. Giuliani, then the personal lawyer to President Donald J. Trump, directed his millions of social media followers to watch a video of two election workers in Fulton County, Ga., asserting without any basis that they were cheating Mr. Trump as they counted votes on Election Day.The workers were Ms. Freeman and her daughter, Shaye Moss.Ms. Freeman, who is Black, recounted what followed: a torrent of threats, accusations and racism; messages from people who said she should be hanged for treason, or lynched; people who fantasized about hearing the sound of her neck snap.They found her at her home. They sent messages to her business email and social media accounts. They called her phone so much that it crashed, she said.The harassment got so bad that the F.B.I. told Ms. Freeman she was not safe in the home where she had lived for years. She stayed with a friend until she felt she put that friend at risk after law enforcement officials told her they had arrested someone who had her name on a death list.Ms. Freeman’s name had become a rallying cry across conservative news outlets, embodying a conspiracy theory that Trump supporters embraced as they tried to keep him in office.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Colorado Supreme Court Agrees to Take Up Trump 14th Amendment Case

    A state judge ruled last week that the former president had engaged in insurrection on Jan. 6, 2021, but allowed him to remain on the ballot.The Colorado Supreme Court agreed on Tuesday to take up an appeal of a state judge’s ruling allowing former President Donald J. Trump to remain on the state’s primary ballot, in a nationwide battle over his eligibility to run for president again.Plaintiffs, citing Mr. Trump’s efforts to overturn the 2020 election, argued that Section 3 of the 14th Amendment disqualifies anyone who “engaged in insurrection or rebellion” against the Constitution after having taken an oath to support it.Judge Sarah B. Wallace ruled that Mr. Trump had engaged in insurrection with his actions before and during the Jan. 6, 2021, attack on the U.S. Capitol. But she allowed Mr. Trump to remain on the ballot anyway on the narrow grounds that the disqualification clause of the 14th Amendment did not apply to the president of the United States.A spokesman for Mr. Trump, Steven Cheung, said in a statement after Judge Wallace’s ruling last week that it was “another nail in the coffin of the un-American ballot challenges.”The plaintiffs filed their appeal to the Colorado Supreme Court on Monday evening, and the court agreed to hear the case on an accelerated timetable. Mr. Trump’s lawyers must file a brief in the case by next Monday, and oral arguments are scheduled to begin on Dec. 6.Jena Griswold, the Colorado secretary of state and a Democrat, has previously said she would follow whatever ruling was in place on Jan. 5, 2024, the state’s deadline for certifying candidates on the ballot for the March 5 primary.Mario Nicolais, a lawyer for the plaintiffs, said that the fast pace of the court schedule indicated that “the Supreme Court has taken this with the seriousness that it requires,” adding that “we are confident that we will come away from the Colorado Supreme Court with a victory and that he will be barred from being on the ballot.” More

  • in

    Georgia Judge Weighs Revoking Bail for a Trump Co-Defendant, Harrison Floyd

    Prosecutors say the defendant, Harrison Floyd, has been intimidating potential witnesses in the racketeering case with his social media posts.In a fiery courtroom presentation, the prosecutor overseeing the Georgia racketeering case against former President Donald J. Trump argued on Tuesday that one of Mr. Trump’s co-defendants had intimidated potential witnesses on social media and should be sent to jail.But Judge Scott McAfee of Fulton County Superior Court chose not to revoke the bond of Harrison Floyd, the co-defendant. Instead, he signed off on modified terms prohibiting Mr. Floyd from posting further comments about witnesses in the case.Fani T. Willis, the district attorney of Fulton County, Ga., took the unusual step of personally arguing on behalf of the prosecution, a few days after she filed a motion accusing Mr. Floyd of intimidating an elections worker and other witnesses for the state — including Georgia’s secretary of state, Brad Raffensperger — through his posts on X, formerly known as Twitter.Mr. Floyd’s lawyers noted that Mr. Trump himself had issued provocative social media posts about the Georgia case, and that no action had been taken against him. That, they argued, made “the state’s decision to go after Harrison Floyd hard to justify.”They also argued that Mr. Floyd had not been trying to intimidate or threaten anyone with his posts. But they acknowledged by the end of Tuesday’s hearing that he had “walked up close to the line” of violating the terms of his bond.Mr. Floyd, once the head of a group called Black Voices for Trump, was paid by the 2020 Trump campaign. He is one of 19 people, including the former president, who were named as defendants in a 98-page racketeering indictment in August.The indictment charges them with orchestrating a “criminal enterprise” to reverse the results of the 2020 election in Georgia. Four of the defendants have pleaded guilty and have promised to cooperate with prosecutors.In addition to a state racketeering charge, Mr. Floyd faces two other felony counts in the case, for his role in what the indictment describes as a scheme to intimidate Ruby Freeman, a Fulton County elections worker, and pressure her to falsely claim that she had committed electoral fraud.Ms. Freeman and her daughter were part of a team processing votes in Fulton County on election night in November 2020. Soon after, video images of the two women handling ballots were posted online, and Trump supporters falsely claimed that the video showed them entering bogus votes to skew the election in President Biden’s favor.Ms. Freeman became the target of so many threats that she was forced to leave her home.Her lawyer was a witness for the prosecution at Tuesday’s hearing, producing a report that he said showed a recent “spike” in online mentions of Ms. Freeman. That spike led her to adopt a fresh set of security measures, her lawyer said.Mr. Floyd’s lawyers, John Morrison and Chris Kachouroff, called the effort to revoke his bond “a retaliatory measure” — in part, they said, because Mr. Floyd recently turned down a plea agreement offered by the state. They argued that “tagging” people in posts did not constitute contact with witnesses, and was no different from yelling “a message to someone else sitting on the opposite side of a packed Mercedes-Benz stadium during the middle of an Atlanta Falcons football game.” Ms. Willis responded that “this notion that tagging someone doesn’t get a message to them is really lunacy,” She also called Mr. Floyd’s posts “disgusting,” adding that “what he really did is spit on the court.”And she was explicit about the stakes as she saw them: Election workers, she said, should not be intimidated for doing their jobs.Judge McAfee said that it appeared that Mr. Floyd had committed a “technical violation” of his bond by communicating with witnesses in the case, but seemed reluctant to take the step of jailing Mr. Floyd. “Not every violation compels revocation,” he said.Ms. Willis’s forceful stance on Mr. Floyd’s posts could have repercussions for Mr. Trump, who is enmeshed in battles over gag orders in other civil and criminal cases against him. Mr. Trump’s bond agreement in Georgia specifies that he “shall perform no act,” including social media posts, “to intimidate any person known to him or her to be a co-defendant or witness in this case or to otherwise obstruct the administration of justice.”Mr. Floyd was the only one of the original 19 co-defendants in Georgia to spend days in jail in August while waiting to make bond. At Tuesday’s hearing, he cut a colorful figure at the defense table, wearing a green blazer adorned with polo horses. Before the hearing began, he appeared to be reading a book about the Roman emperor Marcus Aurelius.As the two sides worked out the new terms of the bond agreement, Ms. Willis made a reference to “Trump,” prompting Mr. Floyd to interject, “President Trump.”The judge told Mr. Floyd that it was not his place to talk. More

  • in

    Israeli Army Escorts Journalists to Gaza Hospital, and More

    The New York Times Audio app is home to journalism and storytelling, and provides news, depth and serendipity. If you haven’t already, download it here — it’s available to Times news subscribers on iOS — and sign up for our weekly newsletter.The Headlines brings you the biggest stories of the day from the Times journalists who are covering them, all in about 10 minutes.A view of Al-Shifa Hospital in a darkened Gaza. Israel says Hamas maintains a command center beneath the hospital, a claim rejected by Hamas and hospital officials.Mohammed Saber/EPA, via ShutterstockOn Today’s Episode:The Israeli Army Escorted Times Journalists to Al-Shifa, a Focus of Its Invasion, by Philip P. Pan and Patrick KingsleySantos Won’t Seek Re-election After House Panel Finds Evidence of Crimes, by Grace AshfordSean Combs Is Accused by Cassie of Rape and Years of Abuse in Lawsuit, with Ben SisarioEmily Lang More

  • in

    How R.F.K. Jr.’s Causes Made Him Millions of Dollars

    In 2021, Robert F. Kennedy Jr. earned more than $500,000 as the chairman and top lawyer at Children’s Health Defense, the nonprofit organization that he has helped build into a leading spreader of anti-vaccine falsehoods and a platform for launching his independent bid for the White House.The compensation was almost three times as high as the amount paid to the organization’s president, but it was not Mr. Kennedy’s biggest source of income. Neither was his family’s fabled wealth. Instead, most of his earnings around the same time came from law firms — a total of $7 million for lending them his name, connections and expertise to sue major companies.Throughout his long public life, Mr. Kennedy has cultivated an image as a man committed to a greater good, the blessing and burden of belonging to one of America’s most storied political families. Whether cleaning up rivers as an environmentalist or railing against the purported dangers of inoculations, he has said he is driven by his family’s legacy of civic duty and sacrifice.He built his presidential run around similar themes, even as his cousin dismissed the campaign as a “vanity project” and other relatives disavowed his beliefs. On the trail, Mr. Kennedy has delivered a populist message of anti-corporate rhetoric and debunked science while invoking a powerful lineage: his uncles, former President John F. Kennedy and Senator Ted Kennedy, and his father, Senator Robert F. Kennedy.“RFK Jr. began a career of public services as soon as he passed the NY State Bar,” reads one of the top lines on his campaign website.In a 2018 book, he credited his mother, Ethel, for instilling important values. “She tried to give us the sense that we mustn’t be satisfied with ‘making a big pile for ourselves and whoever dies with the most stuff wins,’” Mr. Kennedy wrote. “Our lives, she taught us, should serve a higher purpose.”But an examination of Mr. Kennedy’s finances by The New York Times, including public filings and almost two dozen interviews as well as tax returns and other documents not previously made public, showed that while he appears to believe in the causes he champions, they have also had a practical benefit: His crusades, backed by the power of his name, have earned him tens of millions of dollars.In his 2018 book, Mr. Kennedy credited his mother for instilling important values.Ryan David Brown for The New York TimesCampaign events have emphasized Mr. Kennedy’s famed political family.Ryan David Brown for The New York TimesMr. Kennedy inherited many things from his family — a charismatic presence, a gift for public speaking, a place among the nation’s elite — but not necessarily the kind of money that would support a life of both altruism and the trappings of wealth he seems to enjoy, The Times found. His grandfather, Joseph P. Kennedy, poured a fortune into trust funds for his descendants, helping to support the political ambitions of his sons. But Mr. Kennedy came into a relatively modest portion.Behind much of his public career has been a relentless private hustle: board positions and advisory gigs, side deals with law firms, book contracts and an exhausting schedule of paid speeches, once upward of 60 a year by his own count.While most people have to work, Mr. Kennedy did not always settle for the six-figure salary he was earning in positions with nonprofits. For decades, he has entwined his loftier missions with opportunities for enrichment. In addition to his salary at Children’s Health Defense, for instance, he stands to profit personally from lawsuits, including against the pharmaceutical giant Merck over a common vaccine for children.When Mr. Kennedy was still best known as an environmentalist, he met Alan Salzman, an investor in clean technology companies, and was intrigued: Mr. Kennedy wanted to find alternatives to carbon-based energy, “which I think is the biggest enemy to American democracy and the environment,” he said in a 2012 deposition reviewed by The Times.“And I also saw it as an opportunity to make some money for my family,” he continued.Mr. Kennedy would earn millions of dollars over at least eight years from work connected to Mr. Salzman’s venture capital firm, VantagePoint, including promoting a project that other environmentalists opposed.In an interview, Mr. Kennedy said that he was proud of giving his family a good life while promoting his causes.“I have been able to use the various gifts I’ve been given — education, the contacts and the value of a name that a generation in my family put a lot of effort into enhancing and retaining its value,” he said. “I’m grateful that I’ve been given those gifts and that I am able to do well by doing good.”His campaign said in a statement that he had “never put a need or desire to make money ahead of his values and moral compass.”Recently, Mr. Kennedy’s presidential bid has gained some traction. In a poll conducted last month by The Times and Siena College, 24 percent of voters in battleground states said they would support Mr. Kennedy in a theoretical matchup between him, President Biden and former President Donald J. Trump, the leading Republican candidate.In the campaign, Mr. Kennedy has cast himself as an heir to his family’s mystique. Yet what has at times looked from the outside like the glamorous life of a dynastic prince has occasionally been underwritten by others.Wealthy friends were behind the purchase of the home Mr. Kennedy used on the family compound on Cape Cod, records show. He had an arrangement with a major environmental nonprofit group to pay for his children to accompany him on work trips, and he accepted a free Lexus as part of a promotional event for green vehicles.“The Kennedys’ wealth is inextricably intertwined with people’s impression of the Kennedys — and that isn’t a surprise when you think their grandfather amassed one of America’s biggest fortunes when his kids were young,” said Fredrik Logevall, a historian at Harvard who is writing a two-volume biography of John F. Kennedy.“But two generations later,” Professor Logevall said, “some family members have more of the money than others.”From left: Joseph P. Kennedy, Jr.; Joseph P. Kennedy, Sr.; Robert F. Kennedy; and John F. Kennedy in 1939.Boston Globe via Associated PressA Grandfather’s WealthJoseph Kennedy’s estate, widely believed to be valued at roughly $500 million when he died in 1969 (about $4.2 billion in today’s dollars), was left largely in trusts for his descendants.Robert Kennedy had been assassinated the previous year while running for the Democratic nomination for president. He left half his estate to Ethel and divided the remainder equally among his children, according to documents filed in Manhattan Surrogate Court. But after an expensive campaign, he died with heavy debt, and more than half of his estate went to pay it off.While the court documents put the senator’s total estate at $1.6 million, there was more, shrouded in trusts whose value is not public. Still, disclosure forms Mr. Kennedy filed with the Federal Election Commission as part of his bid for the presidency, as well as other documents, provide some insight into his portion of the family wealth.Mr. Kennedy owns between $4 million and $15 million in inherited assets, held in trusts — the biggest, a stake in Wolf Point, a Chicago real estate development built on land his grandfather bought decades ago. Over the years, Mr. Kennedy has enjoyed large one-time distributions from his trust funds when assets were sold, according to bank records and public documents.But the trusts do not tend to generate much steady income: He received between roughly $29,000 and $90,500 over a recent 18-month period, according to the F.E.C. filing. While certainly a boon, it is far from enough to finance Mr. Kennedy’s lifestyle: At one point, a little over a decade ago, he estimated that his annual household expenses were $1.4 million.“I have never gotten a lot of money from my family,” Mr. Kennedy told The Times.He said his biggest expense in recent years was his children’s education. He drives, he said, a 1998 minivan. But he also lives with his wife, the actress Cheryl Hines, in a $6 million home in Brentwood, an affluent Los Angeles neighborhood.Mr. Kennedy in 1973 with his mother, Ethel, and a mural depicting his father, five years after his assassination.Marty Lederhandler/Associated PressMr. Kennedy said that one reason his branch of the family never enjoyed the clan’s presumed riches, in addition to his father’s debt, is that he was one of 11 children, leaving him with less inherited money than other members of his generation. (When his cousin John F. Kennedy Jr. died in 1999, he left a $250,000 bequest to Mr. Kennedy.)In the 2012 deposition, which Mr. Kennedy gave during his bitter divorce from his second wife, Mary Richardson Kennedy, he said Ethel Kennedy was “broke,” and family members secretly helped cover her living expenses.“Those of us who stay at her house pay her, and she doesn’t know she’s being paid,” he said.In the interview with The Times, Mr. Kennedy said that his mother, now 95, is no longer struggling financially.Mr. Kennedy in a 2001 rowing race on New York’s Hudson River, which he is credited with helping to clean up.Evan Agostini/Getty ImagesA High-Flying LifeBy the year 2000, after a bumpy early adulthood that included an arrest for heroin possession, Mr. Kennedy was a nationally recognized environmental lawyer. The previous year, he had been named a hero of the planet by Time magazine for his work with the Riverkeeper organization, among the groups credited with cleaning up New York’s polluted Hudson River.As a lawyer, he was on the payrolls of both the environmental litigation clinic at Pace University’s law school and the Natural Resources Defense Council, where his salary was subsidized by Riverkeeper, according to a person familiar with the arrangement.That year, Mr. Kennedy saw an opportunity that would eventually net him millions of dollars.He co-founded a law firm, Kennedy & Madonna, with Kevin Madonna, a Pace Law graduate who had worked at the clinic. The firm allowed Mr. Kennedy to target polluters while profiting at a scale far beyond his nonprofit salaries. Kennedy & Madonna teamed up with other firms on class-action lawsuits against major corporations, including Dupont and the Southern California Gas Company, and took a cut of any proceeds.Although Mr. Kennedy was listed first in the firm’s name, he said in his 2012 divorce case that his partner dealt with most of the detailed legal work. Mr. Kennedy typically handled depositions and court appearances — moments when his famous name and presence would have the strongest effect. Mr. Madonna declined to comment.In 2002, Mr. Kennedy also forged a relationship with a personal-injury law firm in Pensacola, Fla. He was paid to do a radio show with one of the firm’s partners, and was listed as “of counsel” at the firm, which did some class-action environmental litigation.It was adding up to a good living, by most standards. By 2008, his jobs at the Florida firm and the nonprofits were bringing in about $400,000 a year. His trust funds and investments connected to his grandfather generated at least $150,000, according to his tax return.Mr. Kennedy with his third wife, the actress Cheryl Hines.Krista Schlueter for The New York TimesIncome from Kennedy & Madonna could be bumpy. For instance, from 2008 through 2010, the firm produced virtually no income, tax records show. But in 2011 Mr. Kennedy received $700,000, part of the firm’s share of a legal settlement with Ford Motor.Still, Mr. Kennedy was leading an expensive life between his home in Bedford, N.Y., a wealthy enclave north of Manhattan, where he lived with his wife and children, and the home he was using on Cape Cod. He bought the Bedford house in the 1980s, with financing from the sale of a luxury Manhattan apartment that a close family friend had willed to him, records show.In 2010, Mr. Kennedy’s household expenses reached $1.4 million. The mortgage and a home-equity loan on the Bedford property cost about $191,000. Memberships to a yacht club and other organizations ran him more than $14,000, while nannies and housekeepers cost more than $70,000. Pool maintenance was upward of $12,000. On top of those expenses, his assistant earned roughly $200,000.His use of the home at the Kennedy compound in Hyannis Port, Mass., was made possible by wealthy friends, The Times found. It had been purchased by a lawyer with ties to Wendy Abrams, a Chicago-based philanthropist who has donated millions of dollars to environmental causes, including some of Mr. Kennedy’s, records show.In the interview, Mr. Kennedy said Ms. Abrams and her husband, whom he described as his closest friends, stepped in because he did not have enough money to buy the home when it came up for sale.The house, a six-bedroom with traditional gray shingles, was bought in 2008 for $2.5 million. For years, Mr. Kennedy paid $4,000 a month in rent. The lease, which was reviewed by The Times, shows that he had an option to buy the home for the original purchase price, which he did in 2020.The Abramses, Mr. Kennedy said in the deposition, had also footed the bill for a vacation to Jamaica for him; his then-girlfriend, Ms. Hines; and their respective children, while the Natural Resources Defense Council sometimes paid for his children to travel with him.“All my vacations are paid for. So I just, I try not to spend money,” Mr. Kennedy said in the deposition.Ms. Abrams told The Times she commonly hosted friends in rented vacation homes. Mr. Kennedy said in his interview with The Times that his work for the N.R.D.C. could involve spending weeks in other countries, and the nonprofit agreed to pay for his children to travel to see him. The N.R.D.C. declined to comment.Mr. Kennedy also accepted a free Lexus from Toyota, The Times found. He said he received the car when he helped the automaker promote charging stations for electric vehicles in California.While working at VantagePoint Capital Partners, Mr. Kennedy took paying gigs with companies in which the venture capital firm had invested, including a solar plant developer building a project in the Mojave Desert. Ethan Miller/Getty Images/Getty ImagesA Shadow CareerIn addition to his jobs with nonprofits and his law firms, Mr. Kennedy turned to paid speeches as a big source of income. He said he could charge as much as $250,000 for a talk overseas, and at least $25,000 for others.By the time he entered into divorce proceedings with Ms. Richardson Kennedy, he was on the road at a frenetic pace, at one point giving more than 60 speeches a year. (Ms. Richardson Kennedy died by suicide in 2012, before the divorce was final.)If he wasn’t around enough to put in a traditional workweek at any one organization, his name and natural charisma certainly raised their profiles and drew celebrities and deep-pocketed benefactors to their events, including the actors Pierce Brosnan, Alec Baldwin and Ms. Hines.At the same time, Mr. Kennedy’s high-profile environmental work opened the door to a lucrative shadow career as a corporate director and consultant. His reputation, experience and wide network of contacts had value: He could make introductions, offer advice or help secure financing.A turning point had come in 2005. Mr. Kennedy gave a speech at the home of Mr. Salzman, the managing partner of VantagePoint Capital Partners, then one of California’s most prominent venture capital firms. It was an early investor in Tesla, the electric carmaker, and was known for backing companies that were offering solutions to the planet’s environmental problems.Mr. Salzman hired Mr. Kennedy in 2007, initially paying him $100,000 a year to consult on potential investments. “He was obviously passionate about clean water, but also well-connected and very knowledgeable,” Mr. Salzman told The Times.In 2009 Mr. Kennedy became a partner, earning $340,000 at VantagePoint, in addition to his other sources of income. Two years later his salary had jumped to more than $750,000, records show.“He was obviously passionate about clean water, but also well-connected and very knowledgeable,” said Alan Salzman, managing partner of VantagePoint.Andrew Harrer/BloombergMr. Kennedy’s position at VantagePoint led to other paying gigs at companies in which the fund had invested. For instance, he took in $80,000 a year from BrightSource, a developer of large-scale solar plants.That work put him in conflict with environmentalists over two projects BrightSource was planning in California. The first was set for the Ivanpah Valley, in the desert near Nevada. A number of environmental groups opposed the idea, saying it threatened desert tortoises and vegetation.Mr. Kennedy leaned on his contacts in the Obama administration to secure a $1.6 billion loan guarantee for the project in 2011. “I essentially saved the company,” Mr. Kennedy said in the 2012 deposition.BrightSource also wanted to locate a massive solar power farm in a region of the Mojave Desert, on land previously earmarked for conservation. David Myers, president of the Wildlands Conservancy, was among its most vocal opponents, along with Senator Dianne Feinstein, the California Democrat who died this fall, and officials from the Sierra Club and the Center for Biological Diversity.Mr. Myers said he had long admired Mr. Kennedy’s work in New York and was devastated by his involvement in pushing the California project. “He was like a hero, in his own mind,” Mr. Myers said. After a protracted fight, BrightSource walked away from the venture.In the interview with The Times, Mr. Kennedy said he had sympathy for the point of view of the project’s opponents, but he believed it was vital to promote solar energy.Ultimately, Mr. Kennedy worked for or served on the boards of at least 16 companies, all while juggling his speaking commitments, his duties at the nonprofits that were paying him and his obligations to his law firm. He joined the board of a holding company that owned a troubled for-profit college in New York, was a paid adviser to an Arizona environmental company known for hiring boldface names and was on the board of a Florida company that made red-light cameras.Mr. Kennedy ended up on the board of that company, Smart Citation Management, because a friend knew he was hard up for cash and recommended him for the position, he said in the 2012 deposition. George K. Stephenson, the president of Smart Citation, described Mr. Kennedy as a “very engaged” board member.At least one company with ties to the Kennedy family still has Mr. Kennedy on its payroll. Marwood Group, a political research firm, has paid him $10,000 a month for years, records show.Its president and founder is Ted Kennedy Jr., Mr. Kennedy’s cousin. The company did not respond to requests for comment. Mr. Kennedy said he served as an adviser and consultant.Building on his anti-vaccine work, Mr. Kennedy fought Covid-era restrictions.Kenny Holston for The New York TimesA Shift to VaccinesAround the time Mr. Kennedy spoke at Mr. Salzman’s house, he became interested in another topic: mercury in vaccines.For years, Mr. Kennedy had been warning about mercury contamination from coal-fired power plants, and he has said that concern grew to include vaccines when the mother of a “vaccine-injured child” came to him for help. In 2005 he wrote an article, published in Rolling Stone and Salon, that blamed thimerosal, a mercury-containing preservative used in some vaccines, for a rise in autism in children.Although both news outlets later withdrew the article after finding that some of its claims were wrong or dubious, and Mr. Kennedy was widely criticized by the scientific community, he dove headlong into his effort. He began giving speeches on the topic, and wrote a book about it in 2015. He did not give up his environmental work: That same year, he began taking about $200,000 in annual salary from Waterkeeper Alliance, a national organization with a mission to clean up waterways.But he also joined the board of a nonprofit organization called the World Mercury Project, which aimed to eliminate mercury exposure in many arenas. In 2018, with Mr. Kennedy’s help, it was rebranded as Children’s Health Defense.Mr. Kennedy proved to be an effective fund-raiser for the fledgling group, just as he had for his environmental allies, even selling $10 raffle tickets to win a tour of the Cape Cod compound. In 2021, the last year for which data is available, the group’s annual revenue was almost $16 million. With an impressive war chest, Children’s Health Defense has become one of the country’s leading spreaders of vaccine misinformation.As Mr. Kennedy’s focus shifted more and more to vaccine skepticism, he parted ways with the environmental groups that had defined so much of his public life. In 2017 he told Tucker Carlson, then a Fox News host, that his vaccine work had made him a pariah in some circles and cost him work.“It’s been probably the worst career move that I’ve ever made,” he said. When Mr. Carlson asked him if he was “getting paid for this,” Mr. Kennedy replied: “No, I’m not. In fact, I’m getting unpaid for this.”Except for the Marwood Group, Mr. Kennedy no longer holds paid board positions, according to his F.E.C. filing, and he reported taking in a much-diminished $24,000 in speaking fees. But his effort on vaccines has also been a source of income that would be impressive by many measures.By 2021, the last full year for which data is available, he was making slightly more than $500,000 a year at Children’s Health Defense, up from $255,000 in 2019.After writing his book about thimerosal, he returned to his publisher, Skyhorse Publishing, to write a scathing book in 2021 about Dr. Anthony S. Fauci, the federal government’s long-serving top infectious disease specialist who became a focus of rage for people skeptical of the coronavirus vaccine.The book sold well, more than 500,000 copies in hardcover, according to Circana BookScan. Mr. Kennedy said he donated the proceeds to Children’s Health Defense, but he received a $125,000 consulting fee from the publisher over this year and last for referring other authors.Similar to his playbook as an environmentalist, Mr. Kennedy has established profitable relationships with law firms, including one that handles legal work for Children’s Health Defense. Mr. Kennedy told The Times that because he believed his stance on vaccines had cost him income, he had an agreement with Children’s Health Defense to supplement his salary with outside legal work.“I had these big bills that I just couldn’t pay on a badly diminished salary,” he told The Times.“I said, ‘I need an opportunity to make more because that is not going to do it,’” Mr. Kennedy said. Under the deal, he would share the proceeds from any legal wins or settlements with the organization.One firm, the California-based Wisner Baum, paid him $1.6 million over the 18 months ending in June, according to his F.E.C. filing. Over the years, he has worked on environmental cases for Wisner Baum, including as a lawyer on the team that won a $290 million judgment against the chemical giant Monsanto, the maker of Roundup weed killer.More recently, however, Mr. Kennedy has been listed as co-counsel on dozens of lawsuits that Wisner Baum has brought against the pharmaceutical company Merck for injuries it says were caused by a vaccine formulated to prevent the transmission of human papillomavirus.The Children’s Health Defense website also scouts clients for Wisner Baum, encouraging parents to call the firm if they believe their child might have been harmed by the HPV vaccine.Another law firm, JW Howard Attorneys, paid Mr. Kennedy about $315,000 over the same 18-month period. JW Howard was one of the firms that handled a case brought by the Orange County Board of Education and Children’s Health Defense seeking to end the Covid-19 state of emergency that California declared in the spring of 2020.And this past January, JW Howard was counsel on a lawsuit filed by Children’s Health Defense and Mr. Kennedy against The Washington Post, Reuters and other news organizations, accusing them of colluding to stop the publication of certain Covid stories, among other allegations.Mr. Kennedy is also still a partner at Kennedy & Madonna. Between January 2022 and June 2023, he made $5 million for his work there, records show. The law firm, its website has emphasized, does not take vaccine cases.Kitty Bennett More

  • in

    Trump 14th Amendment Disqualification Trial: What to Know About the Colorado Case

    The lawsuit in Denver is one of several across the country arguing that former President Donald J. Trump is ineligible to hold office again.The continued existence of former President Donald J. Trump’s 2024 campaign is being litigated this week in an unassuming courtroom in Colorado.The trial stems from a lawsuit brought by voters in the state who argue that Mr. Trump is ineligible to hold office under the 14th Amendment of the Constitution because of his actions before and during the Jan. 6, 2021, attack on the Capitol. And the Colorado disqualification case isn’t isolated. Oral arguments stemming from a similar suit, in Minnesota, were held on Thursday.Here is a look at the Colorado case and beyond.What is the background on the Colorado lawsuit?It was filed in September in a state district court in Denver by six Colorado voters — four Republicans and two independents — who are suing with the help of the watchdog group Citizens for Responsibility and Ethics in Washington.These voters argue that Mr. Trump’s presence on the Republican primary ballot next year would harm them by siphoning support from their preferred candidates and, if he won the nomination, by depriving them of the ability “to vote for a qualified candidate in the general election.”They are demanding that the Colorado secretary of state not print Mr. Trump’s name on the ballot, and are asking the court to rule that Mr. Trump is disqualified in order to end any “uncertainty.”What is the 14th Amendment, and what does it say?The Colorado case specifically concerns Section 3 of the 14th Amendment, which says:No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.The central questions are whether the 14th Amendment applies to the presidency; whether Mr. Trump’s behavior before and on Jan. 6 constitutes “engaging in insurrection or rebellion against” the Constitution; and whether election officials or the courts can deem a person ineligible under Section 3 without specific action by Congress identifying that person.Constitutional experts have emphasized in interviews with The New York Times that the answers to these questions are not simple or self-evident.In public writings, some scholars have argued that Mr. Trump is ineligible. In an academic article, the conservative law professors William Baude and Michael Stokes Paulsen concluded: “It is unquestionably fair to say that Trump ‘engaged in’ the Jan. 6 insurrection through both his actions and his inaction.” Others have argued the opposite, with the law professors Josh Blackman and Seth Barrett Tillman saying in a recent draft paper that they see “no sound basis” for Mr. Baude’s and Mr. Paulsen’s conclusions.What is the plaintiffs’ side saying?From Monday through Wednesday, lawyers for the plaintiffs — the six Colorado voters — called seven witnesses:Daniel Hodges, a Washington, D.C., police officer, and Winston Pingeon, a Capitol Police officer, who were at the Capitol on Jan. 6. They testified that rioters had come equipped with tactical gear and had made it clear that they believed themselves to be acting on Mr. Trump’s behalf. On cross-examination, lawyers for Mr. Trump sought to distance him from the rioters, noting that the officers could not know that any individual rioter had heard his speech.Representative Eric Swalwell, Democrat of California, who said lawmakers had read Mr. Trump’s Twitter posts during the attack and saw them as connected “to our own safety in the chamber and also the integrity of the proceedings.” On cross-examination, lawyers for Mr. Trump quoted Mr. Swalwell’s own Twitter post urging Democrats to “fight” against abortion restrictions and asked if that was a call for violence; Mr. Swalwell said no.William C. Banks, a law professor at Syracuse University and an expert on presidential authority in national security. He testified that Mr. Trump could have deployed National Guard troops without a request or permission from local officials.Peter Simi, a professor of sociology at Chapman University and an expert on political extremism. He testified that the far right used “doublespeak” — language that insiders understood to be calling for violence but that maintained plausible deniability. For years, he said, Mr. Trump built credibility with members of groups like the Proud Boys and Oath Keepers, such that they saw him as an ally speaking to them in that way.Gerard Magliocca, a law professor at Indiana University and an expert on Section 3 of the 14th Amendment. He said that when the amendment was ratified, “insurrection” was understood to refer to “any public use of force or threat of force by a group of people to hinder or prevent the execution of the law,” and “engaged” meant “any voluntary act in furtherance of an insurrection, including words of incitement.”Hilary Rudy, a deputy elections director in the Colorado secretary of state’s office. She testified that the secretary of state had a legal obligation to grant ballot access only to qualified candidates, that courts could play a legitimate role in determining who was qualified, and that the office would abide by whatever the court decided.The plaintiffs’ lawyers plan to call one additional witness Friday afternoon.What is Trump’s side saying?As of Thursday, lawyers for Mr. Trump had called six witnesses:Kashyap Patel, a former chief of staff at the Defense Department. He testified that Mr. Trump had pre-emptively authorized the deployment of 10,000 to 20,000 National Guard troops to keep the peace on Jan. 6, and that they were absent because the mayor of Washington had not requested them. Under cross-examination, Mr. Patel said he did not know of any document showing Mr. Trump’s authorization.Katrina Pierson, a former spokeswoman for Mr. Trump’s campaign, who described internal disagreements over who should speak at Mr. Trump’s Jan. 6 rally. She testified that Mr. Trump nixed most of the planned speakers, including the most incendiary ones. She also said he had expressed a desire for 10,000 National Guard troops.Amy Kremer, an organizer of the Jan. 6 rally on the Ellipse, called the rally attendees “freedom-loving citizens” and “happy warriors,” and said she had seen no indication of violence or violent intent while Mr. Trump was speaking. Under cross-examination, she acknowledged that she had been inside the area that required magnetometer scans, and that she would not have seen anything that happened outside that area.Thomas Van Flein, general counsel and chief of staff to Representative Paul Gosar, Republican of Arizona. He testified that the rally crowd was peaceful, but acknowledged that he had left before Mr. Trump spoke.Tom Bjorklund, who is the treasurer of the Colorado Republican Party but testified as a private citizen, attended Mr. Trump’s speech and then went to the Capitol, where he witnessed the riot but did not enter the building himself. He said in the first part of his testimony that he had not seen any violence from Trump supporters. Later, he said he had watched people break windows, but advanced the conspiracy theory that it was a false-flag operation by “antifa.” He also said he had understood Mr. Trump’s “instructions” to be for peaceful protest.Representative Ken Buck, Republican of Colorado, testified that he believed the Jan. 6 committee’s report — which the plaintiffs have frequently cited as evidence in their case — was one-sided in its assessment of Mr. Trump’s “culpability” in the attack.Mr. Trump’s team plans to call one more witness Friday morning: an expert who will offer a different interpretation from Professor Magliocca’s of the wording in Section 3 of the 14th Amendment.What has the judge said?Before the trial began on Monday, Mr. Trump’s team made several motions to dismiss the case. Judge Sarah B. Wallace, who is overseeing the trial, rejected them.On Wednesday, after the plaintiffs had finished calling most of their witnesses, Mr. Trump’s lawyers requested a “directed verdict” — a conclusion, before the defense had called any witnesses, that no legally sufficient basis existed for the plaintiffs to prevail. They argued that even if the plaintiffs’ claims were accepted as fact, that would not legally justify disqualifying Mr. Trump. His words, they said, did not meet the Supreme Court’s standard for incitement and therefore were protected by the First Amendment.Judge Wallace denied the request, but emphasized that her denial should not be construed as a ruling on the legal questions involved — including whether Mr. Trump had “engaged in insurrection” as the 14th Amendment meant that phrase, and whether the First Amendment limited how the 14th could be applied.Rather, she said she was denying the request because in order to grant it, “I would have to decide many legal issues that I am simply not prepared to decide today.”What happens next?It is not clear how long it will take for Judge Wallace to rule after the trial ends on Friday.However, the trial is being conducted under an expedited process with the goal of having a final resolution before a January deadline for the Colorado secretary of state to certify who is on the primary ballot — and everyone involved understands that her initial ruling needs to come with enough time for appeals to be resolved, too.The United States Supreme Court is expected to have the final say.Chris Cameron More